United States Eighth Circuit

District court did not err in dismissing indictment for first degree murder on the ground it failed to allege Indian status under 18 U.S.C. sec. 1153 as the indictment is insufficient since Indian status is an essential element of the offense, and the defect cannot be cured by an application of aider-and-abettor liability.

Appellate Information

• Decided 07/28/2009
• Published 07/28/2009

Judges

• BENTON, Circuit Judge., Before RILEY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Marty J. Jackley, argued, Mark E. Salter, AUSA, Sioux falls, SD, for appellant.


• For Appellees:
  
• John R. Murphy, argued, Rapid City, SD, for appellee.