UNITED STATES v. WALLETTE

No. 78-1185.

580 F.2d 335 (1978)

UNITED STATES of America, Appellee, v. John Wayne WALLETTE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 26, 1978.


Attorney(s) appearing for the Case

C. Charles Chinquist, Fargo, N. D., for appellant.

James R. Britton, U.S. Atty., Fargo, N. D., for appellee; Gary Annear, Asst. U.S. Atty., Fargo, N. D., on the brief.

Before BRIGHT, Circuit Judge, INGRAHAM, Senior Circuit Judge, and STEPHENSON, Circuit Judge.


BRIGHT, Circuit Judge.

Appellant John Wayne Wallette appeals his conviction of second degree murder in violation of 18 U.S.C. § 1111 (1976). On November 5, 1977, appellant Wallette, an Indian, fatally shot Clarence Greatwalker, also an Indian, through the heart with a rifle. The incident occurred near Belcourt, North Dakota, and within the exterior boundaries of the Turtle Mountain Indian Reservation. The district court sentenced appellant to a ten-year prison...

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