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STATE v. ONIHAN

No. 15947.

427 N.W.2d 365 (1988)

STATE of South Dakota, Plaintiff and Appellee, v. Dennis W. ONIHAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 3, 1988.

Attorney(s) appearing for the Case

John P. Guhin, Deputy Atty. Gen., Pierre, for plaintiff and appellee; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

Michael T. Swallow of Dakota Plains Legal Services, Mission, for defendant and appellant.

SABERS, Justice.

Facts

On August 31, 1986, Dennis Onihan (Onihan) was arrested by a South Dakota Highway Patrol officer on a charge of driving while under the influence. The offense took place on a public highway in Day County; the highway is a right-of-way running through Indian trust land and is in Indian country. Onihan is an enrolled member of the Sisseton Wapheton Sioux Tribe. The arresting officer was not cross-deputized as either a BIA or Tribal...

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