United States v. Frank Black Spotted Horse

ELLIOTT, District Judge.

The defendant, Frank Black Spotted Horse, by the indictment heretofore filed in this court, is charged with the crime of murder, alleged to have been committed in the jurisdiction of this court, within the limits of the Rosebud Indian Reservation in the state of South Dakota.

Before pleading, counsel for the defendant filed a demurrer to the indictment, urging the sole question that the place of the alleged homicide was not within the jurisdiction of this court, in that the place where the homicide is alleged to have occurred was at the time of the alleged offense, and…