Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,

Defendant.

No. CR-95-01, 02

To the Honorable Judge of Said Court:

COMES NOW Douglas Dry, defendant in the above styled and numbered cause, by his attorney of record, Scott Kayla Morrison, and moves this Court to quash and set aside the information filed herein, charging him with resisting arrest, assault on a police officer and attempt to intimidate police officer, and to abate said proceedings as to any further action and represent to the Court as follows:

Defendant Dry cannot be charged with resisting arrest, assaulting a Police officer and attempting to intimidate police officer where all charges arose out of the same struggle by defendant with Police. Ajeani v. State, 610 P.2d 820 (Okla. Crim. App. 1980). To charge and punish defendant for a portion of the same conduct a second time violates Choctaw
Criminal Codes Section 1-8, incorporating 21 O.S. Section 11.

Defendant Dry lawfully resisted in the taking, by force, of Dry's property from his person, as allowed in Choctaw
Criminal Codes Section 2-19 and 2-20. An unidentified man, not in uniformed, not identifiable as any law enforcement
personnel, and who did not identify himself as law enforcement personnel, attempted to take or injure Dry's camcorder bag from Dry's shoulder. Dry resisted this individual, whom he believed to be a thief, with the force necessary to protect his property, as allowed in Section 2-19 and 2-20.

This motion is made in good faith and not for dilatory purposes. The Defendant is entitled to the relief as herein prayed.

WHEREFORE, PREMISES CONSIDERED, Defendant Douglas Dry prays that the Court order that this Information be quashed and set aside and any further proceedings or hearings in the Court of Indian 0ffenses for the Choctaw Nation be abated.

CHOCTAW NATION OF OKLAHOMA

BEFORE ME, the undersigned authority, appeared on the 30th day of October, 1995, and who being by me duly sworn did depose and state on his oath the following:

"My name is Douglas Dry. I am the defendant in the above entitled and numbered cause. I have read the foregoing Motion to Quash and Set Aside Information and swear that it is true and correct."

SUBSCRIBED AND SWORN To before me this 12th day of October, 1995.

My Commission Expires: 12-18-96

I certify that I mailed first class postage prepaid the above and foregoing Motion to Quash and Set Aside Information to Robert L. Rabon, Rabon, Wolff and Rabon, Post Office Box 726, Hugo, Oklahoma, 74743 on this 30th day of October, 1995.