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UNITED STATES v. ELK

No. 81-2425.

682 F.2d 168 (1982)

UNITED STATES of America, Appellee, v. Robert Eagle ELK, Jr., a/k/a Bobby Bear, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 30, 1982.

Rehearing and Rehearing Denied August 27, 1982.

Attorney(s) appearing for the Case

Philip N. Hogen, U. S. Atty., D. S. D., Sioux Falls, S. D., Ted L. McBride, Asst. U. S. Atty., Rapid City, S. D., for appellee.

Gary D. Jensen, Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, S. D., for appellant.

Before ROSS, McMILLIAN and GIBSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 27, 1982.

PER CURIAM.

On May 21, 1981, the appellant, Robert Eagle Elk, Jr. was indicted for voluntary manslaughter under 18 U.S.C. §§ 1153 and 1112 (1976). On November 26, 1981, a jury returned a verdict of guilty on the lesser included offense of involuntary manslaughter, and the district court1 entered judgment on December 11, 1981. Of the several trial court errors upon...

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