Peter Kenneth Demarrias v. United States

BRIGHT, Circuit Judge.

On this appeal, we consider a sequel to DeMarrias v. United States, 444 F.2d 162 (8th Cir.1971) (DeMarrias I). Peter Kenneth DeMarrias, an enrolled Indian who resided upon the Sisseton-Wah-peton Indian Reservation of South Dakota, was convicted by a jury of second degree murder in violation of 18 U.S.C. §§ 1153 and 1111 for killing his half-brother, Jerry DeMarrias. At the same trial, the jury also found appellant guilty on two counts of assault with a dangerous weapon. See note 2, infra. The district court sentenced DeMarrias to life imprisonment on the murder charge…