UNITED STATES v. CLINE

No. 77-1815.

570 F.2d 731 (1978)

UNITED STATES of America, Appellee, v. Roger James CLINE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1978.


Attorney(s) appearing for the Case

Ronald R. Kappelman, Rapid City, S.D., for appellant.

David V. Vrooman, U. S. Atty., Sioux Falls, S.D., for appellee.

Before BRIGHT, STEPHENSON and HENLEY, Circuit Judges.


STEPHENSON, Circuit Judge.

This is a direct criminal appeal brought by appellant Roger James Cline. On the evening of March 27, 1977, appellant, a non-Indian, shot and killed Hobert Horse, an Indian, within the Pine Ridge Indian Reservation. Thus, the district court had jurisdiction under 18 U.S.C. § 1152.

At approximately 10:00 p. m. on March 28, 1977, appellant called Rapid City, South Dakota, and reported...

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