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STATE v. LARSON

Nos. 16438, 16769.

455 N.W.2d 600 (1990)

STATE of South Dakota, Plaintiff and Appellant, v. Lars LARSON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 9, 1990.

Attorney(s) appearing for the Case

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

Andrew B. Reid, Hot Springs, for defendant and appellee.

SABERS, Justice.

We hold that the State does not have jurisdiction to prosecute a simple assault committed in Indian country by a non-Indian against an Indian.

Facts

Lars Larson was charged under SDCL 22-18-1(1) with simple assault. He subsequently moved to dismiss the charge due to lack of state jurisdiction. At the hearing on the motion, it was stipulated that Larson is a non-Indian, the alleged assault took place on the Pine Ridge Indian...

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