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U.S. v. WATER

Nos. 04-1837, 04-1934.

413 F.3d 812 (2005)

UNITED STATES of America, Appellee/Cross-Appellant, v. Tyler WATER, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 11, 2005.

Attorney(s) appearing for the Case

Jeffrey L. Viken, argued, Rapid City, SD (Monica D. Thomas, on brief), for appellant/cross-appellee.

Mara M. Kohn, argued, Asst. U.S. Atty., Rapid City, SD (Carolyn G. Royce and Mark Salter, on brief), for appellee/cross-appellant.

Before SMITH, LAY, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

I. Introduction

Tyler Water was convicted of second-degree murder in the United States District Court for the District of South Dakota for the shooting death of his friend Jeno Chief ("Chief"). Tyler Water argues on appeal that the district court erred in denying his motion for judgment of acquittal because there was insufficient evidence to show malice, which is an element of second-degree murder. Tyler Water also appeals the...

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