Indian defendant bases appeal on 1868 treaty

The U.S. Court of Appeals for the Eighth Circuit rejected a South Dakotan’s claim that the federal government failed to comply with the “bad men” provision in an 1868 treaty when it prosecuted him.

Patrick White Mountain is serving two years in prison after pleading guilty to assault on a federal officer in Badlands National Park. The U.S. Court of Appeals rejected his argument that the 1868 Fort Laramie Treaty required the U.S. to first give notice to the tribe that he was wanted for a crime.

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