UNITED STATES v. EAGLE

No. 75-1926.

539 F.2d 1166 (1976)

UNITED STATES of America, Appellee, v. James Theodore EAGLE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1976.

Rehearing and Rehearing Denied September 21, 1976.


Attorney(s) appearing for the Case

Marvin Amiotte and Terry Pechota, South Dakota Legal Services, Mission, S. D., for appellant.

William F. Clayton, U. S. Atty., Sioux Falls, S. D., for appellee; Bruce W. Boyd, Asst. U. S. Atty., Rapid City, S. D., and Michael Hickey, Pierre, S. D., on brief.

Before VOGEL, Senior Circuit Judge, and HEANEY and HENLEY, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 21, 1976.

HENLEY, Circuit Judge.

James Theodore Eagle, an Indian, appellant here and defendant below, was convicted in the United States District Court for the District of South Dakota of an assault with a dangerous weapon upon the person of James Catches, another Indian, with the assault taking place on the Pine Ridge Indian Reservation, in violation of 18 U.S.C. § 1153, as amended, and of having used...

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