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STATE v. DALY

No. 16719.

454 N.W.2d 342 (1990)

STATE of South Dakota, Plaintiff and Appellant, v. John Jerald DALY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 18, 1990.

Rehearing Denied May 24, 1990.

Attorney(s) appearing for the Case

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

Stanley E. Whiting of Whiting Law Office, Winner, for defendant and appellee.

MILLER, Justice.

Applying the doctrine of comity, we dismiss this appeal. In so doing, we conclude that the federal court has determined that appellee is an Indian for criminal jurisdictional purposes.

FACTS

Defendant John Jerald Daly was originally charged in state court with three counts of second-degree burglary, in violation of SDCL 22-32-3. The offenses were alleged to have been committed in Todd County, South Dakota, within the boundaries of...

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