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STATE v. WABASHAW

No. S-06-642.

740 N.W.2d 583 (2007)

274 Neb. 394

STATE of Nebraska, Appellee v. Elroy L. WABASHAW, also known as Elroy L. Wabasha, also known as Johnny Lee Bearshield, Appellant.

Supreme Court of Nebraska.

October 26, 2007.

Attorney(s) appearing for the Case

Jerry L. Soucie, of Commission on Public Advocacy, and, on brief, Mark A. Johnson, of Johnson, Morland, Easland & Lohrberg, P.C., Norfolk, for appellant.

Jon Bruning, Attorney General, James D. Smith, and, on brief, Susan J. Gustafson, Lincoln, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

Elroy L. Wabashaw appeals his convictions for robbery and use of a firearm to commit a felony. Before his jury trial, Wabashaw moved to quash the information. He argues that article I of the "1868 Treaty between the United States of America and different Tribes of Sioux Indians" (1868 Treaty) and article VI of the U.S. Constitution barred his prosecution. The district court overruled the motion. A jury found Wabashaw guilty on both charges, and the district...

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