ABERDEEN, S.D. (AP) – A federal judge in South Dakota has dismissed the murder conviction of a Wakpala man in a case in which the victim died nearly two years after being beaten.
Judge Charles Kornmann says a death must happen within a year and a day in order to constitute a punishable homicide.
The American News reports that Kornmann said he thinks the U.S. Supreme Court should address the issue.
Thirty-six-year-old Stoney End Of Horn was convicted in September in federal court in Pierre of second-degree murder for the fatal beating of Pauline Brave Crow. Prosecutors say Brave Crow suffered injuries to her face and brain in September 2008 and died in June 2010 after spending four months in a Mandan, North Dakota, hospital due to complications caused by the beating.
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