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UNITED STATES v. KILLS PLENTY

No. 71-1661.

466 F.2d 240 (1972)

UNITED STATES of America, Appellee, v. Percy KILLS PLENTY, Appellant,

United States Court of Appeals, Eighth Circuit.

Decided September 13, 1972.

Attorney(s) appearing for the Case

John J. Simpson, Winner, S. D., for appellant.

Edward Carpenter, Asst. U. S. Atty., William F. Clayton, U. S. Atty., Sioux Falls, S. D., Robert D. Hiaring, Asst. U. S. Atty., for appellee.

Before MATTHES, Chief Judge, and HEANEY and STEPHENSON, Circuit Judges.

MATTHES, Chief Judge.

The root question in this criminal case is centered on the doctrine of collateral estoppel. The operative facts are important.

Percy Kills Plenty, appellant, is an Indian. On September 5, 1970, he was driving an automobile in Indian country within the Rosebud Indian Reservation. The automobile collided with another motor vehicle proceeding in the opposite direction. Raymond Matthew Good Kill, a passenger in appellant's automobile, sustained...

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