State v. . Ta-Cha-Na-Tah
Supreme Court of North Carolina
Murder, tried before Gannon, J., at Spring Term 1870, of Jackson Court. The prisoner, Ta-cha-na-tah, together with one Johnson Ta-yah-ln-tan-hih, (not upon trial,) described as Cherokee Indians, were charged with killing Ches-qua-nut, also an Indian, the former being charged as principal, and the latter as aiding and abetting.
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Murder, tried before Gannon, J., at Spring Term 1870, of Jackson Court. The prisoner, Ta-cha-na-tah, together with one Johnson Ta-yah-ln-tan-hih, (not upon trial,) described as Cherokee Indians, were charged with killing Ches-qua-nut, also an Indian, the former being charged as principal, and the latter as aiding and abetting. Erom the testimony, it appeared that the prisoners and the deceased, and a number of other Indians were assembled at a dance-house, and the appellan t .•and his brother Sums-key had a quarrel there with the deceased, in which. Sums-key knocked the deceased down. The two…
1Opinion of the CourtBodman, J.
(After stating the case as above,) The first objection taken, is, to the jurisdiction of the Court over the accused, by reason of his being a Cherokee Indian. The objection was not urged by the counsel for the appellant.
Prima facie, all persons within the State are subject to its criminal law, and within the jurisdiction of its Courts ; if any exception exists, it must be shown. On examination of "the Treaty of New Echotah, Georgia, on the 29th of December 1835, between the United States and the Cherokee Indians, we find, that, by Article XII, it was provided, that individuals and families…
2Cases cited1 opinion
- State v. . HarrisSupreme Court of North Carolina · 1868
3Cited by30 opinions
- State v. . BrittainSupreme Court of North Carolina · 1883
- United States v. WrightCourt of Appeals for the Fourth Circuit · 1931
- State v. WilliamsWashington Supreme Court · 1895
- State v. . PollardSupreme Court of North Carolina · 1914
- State v. DoxtaterWisconsin Supreme Court · 1879
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