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STATE v. BAD HEART BULL

Nos. 11531, 11573.

257 N.W.2d 715 (1977)

STATE of South Dakota, Plaintiff and Respondent, v. Sarah BAD HEART BULL and Robert High Eagle, Defendants and Appellants.

Supreme Court of South Dakota.

September 16, 1977.

Attorney(s) appearing for the Case

John P. Guhin, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Sidney B. Strange, Sioux Falls, for defendants and appellants.

HANSON, Justice.*

Defendants appeal from their convictions of the crime of riot where arson was committed.

It appears the riot involved relates back to a brawl outside a bar in Buffalo Gap, South Dakota, on January 21, 1973. During the brawl, Wesley Bad Heart Bull, one of defendant's sons, was stabbed to death by Darrell Schmitz, a white man. The state's attorney of Custer County charged Schmitz with the crime of second degree...

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