State v. Thomas

The State appeals the decision of the Sixteenth Judicial District Court contending that the lower court erred in construing the limits of its jurisdiction. We agree with the State and reverse.

The issue is: Do state courts have jurisdiction over a non-Indian charged with violating Section 61-7-108, MCA, on an Indian reservation? Section 61-7-108, MCA, reads:

“Immediate notice of accidents. The driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of $250 or more shall immediately by the quickest means of communication…