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STATE v. BLACK FEATHER

No. 11828.

249 N.W.2d 261 (1976)

STATE of South Dakota, Plaintiff and Respondent, v. Roy J. BLACK FEATHER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 31, 1976.

Attorney(s) appearing for the Case

William J. Janklow, Atty. Gen., Pierre, Carl F. Haberstick, Special Asst. Atty. Gen., Parkston, for plaintiff and appellant.

Stanley E. Whiting, Winner, for defendant and appellant.

DUNN, Chief Justice.

Defendant appeals from a jury conviction in the Sixth Judicial Circuit Court of first degree manslaughter. He was charged with and tried for murder in the shooting death of his wife Winona Black Feather. The incident occurred on the night of June 16, 1972, in Martin, South Dakota. On April 15, 1975, a jury returned a verdict of guilty to the lesser charge. Defendant first asserts that the trial court erred in not dismissing the case for lack of...

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