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UNITED STATES v. BEAR KILLER

No. 75-1814.

534 F.2d 1253 (1976)

UNITED STATES of America, Appellee, v. Ralph BEAR KILLER, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 16, 1976.

Rehearing and Rehearing Denied May 13, 1976.

Attorney(s) appearing for the Case

Edward C. Carpenter, Rapid City, S. D., for appellant.

Gary Annear, Asst. U. S. Atty., Fargo, N. D., for appellee; William F. Clayton, U. S. Atty., Sioux Falls, S. D., on brief.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 13, 1976.

HEANEY, Circuit Judge.

Ralph Charles Bear Killer, Jr., an Indian, was charged by indictment with second-degree murder in violation of 18 U.S.C. §§ 1153 and 1111. He appeals from a judgment of conviction based upon a jury verdict of guilty to the lesser included offense of involuntary manslaughter.

The appellant assigns as error the admission in...

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