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STATE v. ST. FRANCIS

No. 84-550.

563 A.2d 249 (1989)

STATE of Vermont v. Homer ST. FRANCIS, Jr.; Homer St. Francis; Ronald St. Francis and Homer St. Francis, Sr.

Supreme Court of Vermont.

Motion for Reargument Denied April 14, 1989.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., Elizabeth J. Grant, Asst. Atty. Gen., and Nancy GianLorenzo, Law Clerk, on the brief, Montpelier, for plaintiff-appellee.

David W. Curtis, Defender Gen., and William A. Nelson and Henry Hinton, Appellate Defenders, Montpelier, for defendants-appellants.

Before ALLEN, C.J., PECK, DOOLEY and MAHADY, JJ., and COSTELLO, District Judge (Ret.), Specially Assigned.

DOOLEY, Justice.

This is an interlocutory appeal by defendants from a pretrial ruling of the trial court. Defendants had moved to dismiss the various criminal charges filed against them for lack of subject matter jurisdiction in the district court. The trial court ruled that defendants bore the burden of proving that they are Indians and that the alleged offenses occurred in "Indian country," as defined by 18 U.S.C. § 1151 (1982). Defendants appeal from these...

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