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UNITED STATES v. THOMPSON

No. 73-1650.

492 F.2d 359 (1974)

UNITED STATES of America, Appellee, v. David Wade THOMPSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 19, 1974.

Attorney(s) appearing for the Case

David A. Gerdes, Martens, Goldsmith, May, Porter & Adam, Pierre, S. D., for appellant.

Larry Von Wald, Asst. U. S. Atty., Sioux Falls, S. D., for appellee.

Before MATTHES, Senior Circuit Judge, HEANEY, Circuit Judge, and SMITH, Senior District Judge.

HEANEY, Circuit Judge.

David Wade Thompson, an enrolled member of the Cheyenne River Sioux Indian Tribe, was indicted for the first degree murder of Glen Alvin Mowrer on the Cheyenne River Reservation in violation of 18 U.S.C. §§ 1111 and 1153. He was tried before a jury, found guilty of second degree murder and sentenced to a thirty-year prison term.

The defendant contends on appeal that the trial court...

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