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UNITED STATES v. CAIN

No. 79-1802.

616 F.2d 1056 (1980)

UNITED STATES of America, Appellee, v. James Allen CAIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 14, 1980.

Attorney(s) appearing for the Case

Douglas E. Kludt, Bergren & Duffy, Fort Pierre, S. D., for appellant.

John J. Ulrich, Asst. U. S. Atty., Sioux Falls, S. D. (argued) and Terry L. Pechota, U. S. Atty., Sioux Falls, S. D., on brief for appellee.

Before GIBSON, Senior Circuit Judge, and ROSS and HENLEY, Circuit Judges.

PER CURIAM.

Appellant, James Allen Cain, hereinafter called defendant, an Indian, was convicted in the United States District Court for the District of South Dakota (The Honorable Donald J. Porter, District Judge) of the crime of arson on the Lower Brule Indian Reservation in South Dakota. He was charged and convicted of having burned down the C-W Bar in Lower Brule, which establishment belonged to another Indian.

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