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STATE v. BURNETT

No. S-83-3.

671 P.2d 1165 (1983)

STATE of Oklahoma, Appellant, v. Harold Ed BURNETT, Michael Simpson, and Dale Lynn Jackson, Appellees.

Court of Criminal Appeals of Oklahoma.

November 7, 1983.

Attorney(s) appearing for the Case

Larry D. Stuart, Dist. Atty. for Osage County, for appellant.

Patrick A. Williams, Tulsa, on behalf of Dale Lynn Jackson.

Ronald H. Mook, Tulsa, on behalf of Harold Ed Burnett.

No appearance on behalf of Michael Simpson.

OPINION

CORNISH, Judge:

The issue on this Rule VI appeal is whether restricted Osage allotment land is Indian country under federal law. We find that it is, and affirm the magistrate's order dismissing state murder charges arising out of a slaying on such land.

The defendants were charged in Osage County District Court with the first degree murder of a restricted Osage Indian. The defendants, with the exception...

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