State v. De Marrias, No. 9867-

CourtSupreme Court of South Dakota
Writing for the CourtBIEGELMEIER; ROBERTS
Citation107 N.W.2d 255,79 S.D. 1
PartiesSTATE of South Dakota, Plaintiff and Respondent, v. LaVern DE MARRIAS, Defendant and Appellant. a.
Decision Date17 January 1961
Docket NumberNo. 9867-

Page 255

107 N.W.2d 255
79 S.D. 1
STATE of South Dakota, Plaintiff and Respondent,
v.
LaVern DE MARRIAS, Defendant and Appellant.
No. 9867-a.
Supreme Court of South Dakota.
Jan. 17, 1961.

[79 S.D. 1] L. R. Gustafson, Britton, for defendant and appellant.

Frank L. Farrar, State's Atty. for Marshall County, Britton, Parnell J. Donohue, Atty. Gen., Charles Poches, Jr., Asst. Atty. Gen., for plaintiff and respondent.

BIEGELMEIER, Judge.

Defendant LaVern DeMarrias, an enrolled Indian, was convicted of the crime of burglary, committed September 7, 1959 on non-Indian patented land within the original exterior boundaries of the Sisseton-Wahpeton (Lake Traverse) Indian Reservation. This is the same reservation, the same treaty, the same defendant and another crime of the same character, i. e., burglary, as were involved in Application of DeMarrias, 77 S.D. 294, 91 N.W.2d [79 S.D. 2] 480. This appeal poses the same question passed on by the court in defendant's prior conviction.

The briefs here and record in the trial court indicate uncertainty as to the effect of three recent opinions of the court, these being DeMarrias, supra, decided July 23, 1958, State ex rel. Hollow Horn Bear v. Jameson, 77 S.D. 527, 95 N.W.2d 181, March 3, 1959, and Petition of High Pine, S.D., 99 N.W.2d 38, November 2, 1959. The thought is there expressed that DeMarrias and Hollow Horn Bear may be modified by High Pine; that the citation of Kills Plenty v. United States, 8 Cir., 133 F.2d 292 in High Pine and its omission from the two earlier opinions indicates that it was not cited or then considered.

The distinction in these cases is that the DeMarrias burglary was committed on non-Indian patented land which the court there described as the 'opened' part of the original reservation, not the 'closed' portion. In Hollow Horn Bear, Ch. 257 of 36 Stat. 440 authorized the sale of a portion of the Pine Ridge Indian Reservation in Bennett County and permitted Indians to select allotments in the 'diminished' reservation; the forgery was not committed on the

Page 256

diminished (or closed) reservation but on that part of the original reservation in Bennett County authorized to be, and which was, sold and conveyed by U. S. Patent to non-Indians, thus 'opened'. As Judge Smith noted it then 'ceased to be both a part of the reservation and within Indian county.' [77 S.D. 527, 95 N.W.2d 184] So in these two cases the court was dealing with crimes committed on lands inside the...

To continue reading

Request your trial
12 practice notes
  • Beardslee v. United States, No. 18565.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • December 21, 1967
    ...77 S.D. 294, 91 N.W.2d 480 (1958); State ex rel. Hollow Horn Bear v. Jameson, 77 S.D. 527, 95 N.W.2d 181 (1959); State v. De Marrias, 79 S.D. 1, 107 N.W.2d 255 (1961), cert. denied 368 U.S. 844, 82 S.Ct. 72, 7 L.Ed.2d 42; Lafferty v. State ex rel. Jameson, 80 S.D. 411, 125 N.W.2d 171 (1963)......
  • Smith v. Temple, No. 10371
    • United States
    • Supreme Court of South Dakota
    • August 24, 1967
    ...rel. Hollow Horn Bear v. Jameson, 77 S.D. 527, 95 N.W.2d 181; In re High Pine's Petition, 78 S.D. 121, 99 N.W.2d 38; State v. De Marrias, 79 S.D. 1, 107 N.W.2d 255, cert. den. 368 U.S. 844, 82 S.Ct. 72, 7 L.Ed.2d 42; Lafferty v. State, 80 S.D. 411, 125 N.W.2d 171; In re Page 548 Hankins' Pe......
  • United States ex rel. Feather v. Erickson, No. 73-1453 to 73-1459 and 73-1541 to 73-1543.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • December 7, 1973
    ...not one of the specified crimes within 18 U.S.C. § 1153. 2 The case had a long prior history before reaching our court. State v. DeMarrias, 79 S.D. 1, 107 N.W.2d 255 (1961), cert. denied, 368 U.S. 844, 82 S.Ct. 72, 7 L.Ed.2d 42; DeMarrias v. State of South Dakota, 206 F. Supp. 549 (D.S.D.19......
  • De Marrias v. State of South Dakota, Civ. No. 922 N.D.
    • United States
    • United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota
    • July 27, 1962
    ...the original exterior boundaries of the Lake Traverse Reservation. This state's Supreme Court on appeal, State v. De Marrias, S.D., 107 N.W.2d 255 (1961), affirmed the trial court as it held against the petitioner on the jurisdictional question with like result on a writ of certiorari denie......
  • Request a trial to view additional results
12 cases
  • Beardslee v. United States, No. 18565.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • December 21, 1967
    ...77 S.D. 294, 91 N.W.2d 480 (1958); State ex rel. Hollow Horn Bear v. Jameson, 77 S.D. 527, 95 N.W.2d 181 (1959); State v. De Marrias, 79 S.D. 1, 107 N.W.2d 255 (1961), cert. denied 368 U.S. 844, 82 S.Ct. 72, 7 L.Ed.2d 42; Lafferty v. State ex rel. Jameson, 80 S.D. 411, 125 N.W.2d 171 (1963)......
  • Smith v. Temple, No. 10371
    • United States
    • Supreme Court of South Dakota
    • August 24, 1967
    ...rel. Hollow Horn Bear v. Jameson, 77 S.D. 527, 95 N.W.2d 181; In re High Pine's Petition, 78 S.D. 121, 99 N.W.2d 38; State v. De Marrias, 79 S.D. 1, 107 N.W.2d 255, cert. den. 368 U.S. 844, 82 S.Ct. 72, 7 L.Ed.2d 42; Lafferty v. State, 80 S.D. 411, 125 N.W.2d 171; In re Page 548 Hankins' Pe......
  • United States ex rel. Feather v. Erickson, No. 73-1453 to 73-1459 and 73-1541 to 73-1543.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • December 7, 1973
    ...not one of the specified crimes within 18 U.S.C. § 1153. 2 The case had a long prior history before reaching our court. State v. DeMarrias, 79 S.D. 1, 107 N.W.2d 255 (1961), cert. denied, 368 U.S. 844, 82 S.Ct. 72, 7 L.Ed.2d 42; DeMarrias v. State of South Dakota, 206 F. Supp. 549 (D.S.D.19......
  • De Marrias v. State of South Dakota, Civ. No. 922 N.D.
    • United States
    • United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota
    • July 27, 1962
    ...the original exterior boundaries of the Lake Traverse Reservation. This state's Supreme Court on appeal, State v. De Marrias, S.D., 107 N.W.2d 255 (1961), affirmed the trial court as it held against the petitioner on the jurisdictional question with like result on a writ of certiorari denie......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT