DeMARRIAS v. UNITED STATES

No. 19361.

453 F.2d 211 (1972)

Peter Kenneth DeMARRIAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

January 3, 1972.


Attorney(s) appearing for the Case

David L. Bergren, Ft. Pierre, S. D., for appellant.

William F. Clayton, U. S. Atty., Sioux Falls, S. D., Richard D. Hurd, Asst. U. S. Atty., for appellee.

Before GIBSON, BRIGHT and ROSS, Circuit Judges.


BRIGHT, Circuit Judge.

On this appeal, we consider a sequel to DeMarrias v. United States, 444 F.2d 162 (8th Cir.1971) (DeMarrias I). Peter Kenneth DeMarrias, an enrolled Indian who resided upon the Sisseton-Wahpeton Indian Reservation of South Dakota, was convicted by a jury of second degree murder in violation of 18 U.S.C. §§ 1153 and 1111 for killing his half-brother, Jerry DeMarrias. At the same trial, the jury also...

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