United States v. Eagle Bear

Russell Eagle Bear and his brother Gerald (defendants) entered LeRoy Morrison Jr.'s home in South Dakota's Indian country and assaulted Morrison and his brother in retaliation for disparaging remarks; Russell was prosecuted under 18 U.S.C. § 1153, which incorporated South Dakota's burglary elements of unlawfully entering or remaining in a structure with intent to commit a crime. Four members of Morrison's household testified the brothers broke in without permission, while Gerald testified someone let them in; the jury convicted Russell, and he appealed, arguing the evidence of unlawful entry was insufficient because an investigator found the door unlocked and no signs of forced entry.