STATE v. WHITE HORSE

No. 11319.

231 N.W.2d 847 (1975)

STATE of South Dakota, Plaintiff and Respondent, v. Austin Elmer WHITE HORSE, Defendant and Appellant.

Supreme Court of South Dakota.

August 1, 1975.


Attorney(s) appearing for the Case

Kermit A. Sande, Atty. Gen., Pierre, for plaintiff and respondent.

Mark V. Meierhenry, Rosebud, for defendant and appellant.


DOYLE, Justice.

The defendant was charged with a sixth offense of the crime of driving while under the influence of alcoholic liquor in violation of SDC 1960 Supp. 44.9922, now partly codified in SDCL 32-23-1 through 32-23-5. Defendant petitioned the Circuit Court of Tripp County for a writ of habeas corpus, contending his imprisonment to be illegal in that he is an enrolled member of the Rosebud Sioux Tribe and the offense of which he is charged was committed within...

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