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STATE v. JANIS

No. 13237.

317 N.W.2d 133 (1982)

STATE of South Dakota, Plaintiff and Appellant, v. Marvin Wayne JANIS, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 10, 1982.

Attorney(s) appearing for the Case

Dennis R. Holmes and Mark Smith, Asst. Attys. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Jerry Matthews, Pine Ridge, for defendant and appellee.

Tom D. Tobin of Tobin Law Offices, Winner, for amici curiae Corson and Ziebach Counties, South Dakota, and Sioux County, North Dakota; William W. Shakely of Tobin Law Offices, Washington, D.C., on brief.

Joseph G. Troisi, Eagle Butte, W. Richard West, Jr. of Fried, Frank, Harris, Shriver & Kampelman, Washington, D.C., for amici curiae Cheyenne River Sioux Tribe and Standing Rock Sioux Tribe; Reid Peyton Chambers, Washington, D.C., on brief.

Charles J. Mickel, Rapid City, for amicus curiae Public Safety Commission Oglala Sioux Tribe.

MORGAN, Justice.

This appeal relates to jurisdiction in areas of the Cheyenne River Indian Reservation opened to settlement by the Surplus Lands Act of May 29, 1908, 35 Stat. 460. It arises from a manslaughter prosecution of Marvin Janis (Janis), an enrolled member of the Pine Ridge Sioux Tribe, who allegedly caused a double-fatality automobile accident on U.S. Highway 212 in Dewey County, South Dakota, within the original boundaries of the Cheyenne River Indian Reservation...

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