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UNITED STATES v. EAGLE

No. 78-1405.

586 F.2d 1193 (1978)

UNITED STATES, Appellee, v. James Theodore EAGLE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 24, 1978.

Rehearing and Rehearing Denied November 16, 1978.

Attorney(s) appearing for the Case

Bruce Ellison, Rapid City, S.D., for appellant.

Jeffrey L. Viken, Asst. U. S. Atty., Rapid City, S. D., for appellee; David V. Vrooman, U. S. Atty., Sioux Falls, S. D., on brief.

Before ROSS, Circuit Judge, HENLEY, Circuit Judge, and MARKEY, Chief Judge.

Rehearing and Rehearing En Banc Denied November 16, 1978.

MARKEY, Chief Judge.

Eagle appeals from jury convictions in the United States District Court for the District of South Dakota, Southern Division, for assault with a dangerous weapon and for assault resulting in serious bodily injury. We affirm.

Fact Background

On September 4, 1977, Calvin Janis, a resident of the Pine Ridge Indian Reservation, saw his niece, who had no driver...

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