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STATE v. NIOCE

Nos. 58,328, 58,530

239 Kan. 127 (1986)

716 P.2d 585

STATE OF KANSAS, Appellant, v. BENNIE NIOCE, Appellee, and STATE OF KANSAS, Appellant, v. EMERY L. NEGONSOTT, Appellee.

Supreme Court of Kansas.

Opinion filed March 28, 1986.

Attorney(s) appearing for the Case

Micheal A. Ireland, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant in case No. 58,328.

Timothy G. Madden, assistant attorney general, argued the cause, and Robert T. Stephan, attorney general, and Phillip A. Burdick, county attorney, were with him on the brief for appellant in case No. 58,530.

William E. Enright, of Topeka, argued the cause and was on the brief for appellee Nioce.

Robert L. Tabor, of Topeka, argued the cause for appellee Negonsott.

The opinion of the court was delivered by

HERD, J.:

These consolidated actions raise the issue of whether the State of Kansas has jurisdiction over criminal offenses committed by or against Indians on Indian reservations located within this state. While the facts are not essential for resolution of this issue, they are briefly stated as follows.

Appellee Bennie Nioce is an American Indian who allegedly committed aggravated battery upon another American...

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