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UNITED STATES v. FIRE THUNDER

Nos. 73-1312, 73-1313.

489 F.2d 938 (1974)

UNITED STATES of America, Appellee, v. Wayne Moses FIRE THUNDER, Appellant. UNITED STATES of America, Appellee, v. Reuben Calvin FIRE THUNDER, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 10, 1974.

Attorney(s) appearing for the Case

Charles L. Riter, Rapid City, S. D., filed brief for appellant, Wayne Moses Fire Thunder.

Ken C. Graves, Rapid City, S. D., filed brief for appellant, Reuben Calvin Fire Thunder.

William F. Clayton; Richard D. Hurd, Edward Carpenter, Asst. U. S. Attys., and William A. Bowen, Law Intern; Sioux Falls, S. D., filed brief for appellee.

Before LAY, BRIGHT, and WEBSTER, Circuit Judges.

BRIGHT, Circuit Judge.

The appellants, Wayne Moses Fire Thunder and Reuben Calvin Fire Thunder, Indians, bring this appeal from a judgment of conviction against each appellant finding both guilty of four counts of aggravated type assaults in violation of 18 U.S.C. § 1153. The incidents took place within Indian country on the Pine Ridge Indian Reservation in South Dakota.

Appellants seek a new trial based on Keeble v. United States, 412...

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