UNITED STATES v. WHITING

No. 76-1145.

538 F.2d 220 (1976)

UNITED STATES of America, Appellee, v. Alfred WHITING, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 20, 1976.


Attorney(s) appearing for the Case

David L. Bergren, Fort Pierre, S. D., for appellant.

R. D. Hurd, Asst. U. S. Atty., Sioux Falls, S. D., for appellee; William F. Clayton, U. S. Atty., Sioux Falls, S. D., on brief.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.


HEANEY, Circuit Judge.

Alfred Whiting, an American Indian residing on the Rosebud Indian Reservation in South Dakota, appeals from his conviction by jury of two counts of assault with a dangerous weapon in violation of 18 U.S.C. § 1153 and S.D.C.L. § 22-18-11. Whiting seeks reversal on three grounds: (1) that the underrepresentation of Indians on the jury panel violated his rights to due process and equal protection under the Fourteenth Amendment and was...

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