LUFKINS v. UNITED STATES

No. 76-1205.

542 F.2d 476 (1976)

Narcisse LUFKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 29, 1976.


Attorney(s) appearing for the Case

L. R. Gustafson, Britton, S.D., for appellant.

William F. Clayton, U.S. Atty., and Robert D. Hiaring, Asst. U.S. Atty., Sioux Falls, S.D., for appellee.

Before HEANEY, ROSS and WEBSTER, Circuit Judges.


PER CURIAM.

Narcisse Lufkins appeals from the denial of his motion, under 28 U.S.C. § 2255, to vacate his jury conviction for second degree murder. The sole question presented by the appeal is whether the land on which the crime was committed was in "Indian country," thereby making the crime a federal offense under 18 U.S.C. § 1153.

"Indian country" is defined to be "all Indian allotments, the Indian titles to which have not been extinguished * ...

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