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STATE v. HERO

No. 12073.

282 N.W.2d 70 (1979)

STATE of South Dakota, Plaintiff and Respondent, v. Noah James HERO and Larry Duane Blue Thunder, Defendants and Appellants.

Supreme Court of South Dakota.

August 8, 1979.

Attorney(s) appearing for the Case

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Mary Ellen Sloan, Anita Remerowski and Terry L. Pechota, Mission, for defendants and appellants.

WOLLMAN, Chief Justice (on reassignment).

Appellants are members of the Rosebud Sioux Indian Tribe. They were convicted of hunting deer in Mellette County in violation of SDCL 41-8-2.

The central issue in this appeal is whether the hunting and fishing rights reserved within the original boundaries of the Great Sioux Reservation established by the Treaty of 1868 have been extinguished in the areas sold and disposed of by the Act of 1910, Chapter 260, 36 Stat...

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