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DAVIS v. O'KEEFE

Crim. No. 676.

283 N.W.2d 73 (1979)

Thomas D. DAVIS, Petitioner, v. James H. O'KEEFE, District Court Judge, and the District Court of the Second Judicial District, Respondents.

Supreme Court of North Dakota.

July 11, 1979.

Attorney(s) appearing for the Case

Vance Gillette, Bismarck, for petitioner.

Arne F. Boyum, Jr., State's Atty., Rolla, for respondents.

Thomas K. Schoppert, Lynaugh, Fitzgerald, Schoppert & Skaggs, Billings, Mont., amicus curiae, on briefs.

PEDERSON, Justice.

Thomas D. Davis, an enrolled member of the Turtle Mountain Band of Chippewa Indians, seeks a writ of prohibition from this court to restrain the district court of Rolette County from prosecuting him for the offense of terrorizing under § 12.1-17-04, NDCC. Davis alleges that his arrest by Rolette County officials within the external boundaries of the Turtle Mountain Reservation was unlawful because they (1) did not comply with the Turtle Mountain...

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