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UNITED STATES v. PARKINSON

No. 75-1306.

525 F.2d 120 (1975)

UNITED STATES ex rel. Donald M. COOK, Respondent-Appellant, v. Gerald PARKINSON, Warden of South Dakota State Penitentiary, having custody of Petitioner, and the County of Bennett, Respondents-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1975.

Attorney(s) appearing for the Case

Art Bunce, Escondido, Cal., Terry L. Pechota, Fort Thompson, S. D., for Donald M. Cook.

Tom D. Tobin, Atty. for Bennett County, Winner, S. D., for Bennett County.

Harvey C. Jewitt, Sp. Asst. Atty. Gen., Aberdeen, S. D., for the State of S. D.

Walter Kiechel, Jr., Acting Asst. Atty. Gen., Edmund B. Clark and Neil T. Proto, Attys., Dept. of Justice, Washington, D. C., filed brief for U. S., amicus curiae.

Before VAN OOSTERHOUT, Senior Circuit Judge, and BRIGHT and ROSS, Circuit Judges.

VAN OOSTERHOUT, Senior Circuit Judge.

Donald M. Cook was convicted upon a plea of guilty to the crime of third degree burglary on April 29, 1971, at Martin, Bennett County, South Dakota. In a post-conviction relief proceeding the South Dakota Supreme Court denied Cook's claim that South Dakota had no jurisdiction over him because he was an Indian1 and that the situs of the crime, Bennett County, was Indian Country as defined in 18 U.S...

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