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STATE v. NUWI NINI

Nos. 11671-11676.

262 N.W.2d 758 (1978)

STATE of South Dakota, Plaintiff and Appellant, v. Waubun NUWI NINI (# 11671), Al Cooper (# 11673), John Concannon (# 11672), Lois Tiger (# 11675 and # 11676), and Bobbi Jo Tiger (# 11674), Defendants and Respondents.

Supreme Court of South Dakota.

Decided February 14, 1978.

Attorney(s) appearing for the Case

Gary J. Pashby, Special Deputy State's Atty., Sioux Falls, LeAnn Finke, Asst. Atty. Gen., Pierre, for plaintiff and appellant; William J. Janklow, Atty. Gen., Pierre, Thomas H. Muilenburg, Special Deputy State's Atty., Sioux Falls, on the brief.

John N. Gridley III, Gridley, Nasser & Arneson, Sioux Falls, for Waubun Nuwi Nini, Al Cooper, Lois Tiger, and Bobbi Jo Tiger; Samuel R. Gross, San Francisco, Cal., argued; Al Cooper, pro se, on the brief.

Roger Finzel, Washington, D. C., for John Concannon.

Jennie Rhine, Oakland, Cal., for Lois Tiger.

Jeffrey B. Kupers, San Francisco, Cal., for Bobbi Jo Tiger.

PORTER, Justice.

CASE SUMMARY

This is an appeal by the State of South Dakota from orders of the trial court dismissing criminal informations against these defendants. While selection of a jury was in progress, the orders were entered on the ground that a fair and impartial jury from within Minnehaha County could not be obtained because of the notoriety of the incident out of which the charges against these defendants arose. This court is without jurisdiction...

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