State v. Robideau

MILLER, Circuit Judge.

Defendant appeals the judgment of conviction of riot while armed. SDCL 22-10-5.We affirm.

This is another chapter of the Custer riot incident which occurred in the City of Custer in February 1973. See State v. Bad Heart Bull (and High Eagle), 1977, 257 N.W.2d 715.

The salient facts, gleaned from some 2,750 pages of pretrial and trial transcripts and volumes of record, reveal that there was a riot in Custer which resulted in extensive property damage and personal injury. The record is equally clear that the defendant participated in a melee when various Indian persons…