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UNITED STATES v. KILLS CROW

No. 75-1567.

527 F.2d 158 (1975)

UNITED STATES of America, Appellee, v. Whitney Paul KILLS CROW, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 24, 1975.

Attorney(s) appearing for the Case

John T. Hughes, Morman, Smit & Shepard, Sturgis, S. D., for appellant.

William F. Clayton and Larry M. Von Wald and Bruce W. Boyd, Asst. U. S. Attys., Sioux Falls, S. D., for appellee.

Before ROSS, STEPHENSON and WEBSTER, Circuit Judges.

PER CURIAM.

In this appeal, Whitney Paul Kills Crow challenges his convictions of assault with a dangerous weapon in violation of 18 U.S.C. § 1153 and S.D.C.L. § 22-18-11 and of use of a firearm in the commission of a felony in violation of 18 U.S.C. § 924(c)(1). Appellant contends that the District Court1 erred in refusing to allow him to introduce evidence concerning the Indian concept of "Toka" on the issues of provocation...

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