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State v. Winckler

260 N.W.2d 356 (1977)

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State v. Winckler

South Dakota Supreme Court

260 N.W.2d 356 (1977)

Facts

Seven members of the Yankton Sioux tribe (the perpetrators) (defendants) broke into a store in South Dakota and stole guns and ammunitions. The perpetrators then went onto Yankton Sioux land, broke into a tribal-owned pork plant, and occupied it. The police surrounded the pork plant, and a standoff ensued. The perpetrators at some point fired weapons in the direction of the police, at least some of whom were physically located off Sioux land. The perpetrators eventually surrendered and were arrested. They were charged in state court with burglary and larceny for the store theft and with assault with a dangerous weapon without intent to kill for firing weapons in the direction of law enforcement. Prior to trial, the trial court dismissed the assault charges for lack of jurisdiction because the perpetrators had been on Sioux land when they fired the weapons. The perpetrators were convicted on the burglary and larceny charges and appealed. The prosecution appealed the order dismissing the assault charges.

Rule of Law

Issue

Holding and Reasoning (Winans, J.)

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