United States v. Percy Kills Plenty

MATTHES, Chief Judge.

The root question in this criminal case is centered on the doctrine of collateral estoppel. The operative facts are important.

Percy Kills Plenty, appellant, is an Indian. On September 5, 1970, he was driving an automobile in Indian country within the Rosebud Indian Reservation. The automobile collided with another motor vehicle proceeding in the opposite direction. Raymond Matthew Good Kill, a passenger in appellant’s automobile, sustained injuries which proved fatal. A criminal complaint was filed on September 11, 1970, in the Rosebud Sioux Tribal Court, by “Rosebud…