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U.S. v. WHALEN

No. 87-5243.

844 F.2d 529 (1988)

UNITED STATES of America, Appellee, v. Charles William WHALEN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1988.

Rehearing Denied May 16, 1988.

Attorney(s) appearing for the Case

Ronald Clabaugh, Rapid City, S.D., for appellant.

Lonnie Bryan, Rapid City, S.D., for appellee.

Before LAY, Chief Judge, and HEANEY and MAGILL, Circuit Judges.

HEANEY, Circuit Judge.

William Whalen, a twenty year old American Indian, was indicted for the premeditated murder of Steven Bergen on the Pine Ridge Reservation in South Dakota in violation of 18 U.S.C. § 1111.1 A jury found Whalen guilty of the lesser included offense of voluntary manslaughter under 18 U.S.C. § 1112. On appeal, Whalen argues that a prejudicial hearsay statement was improperly admitted at trial.

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