People ex rel. Cusick v. Daly

Relator, a Tuscarora Indian, is imprisoned in Niagara county jail awaiting trial under an indictment found in this court charging him with assault in the first degree, committed on the person of another Tuscarora Indian on the Tuscarora reservation in this county. He claims that his detention is illegal under the provisions of section 328 of the United States Criminal Code (ch. 14), which reads as follows:

“ Sec. 328. All Indians committing against the person or property of another Indian or other person any of the following crimes, namely — murder, manslaughter, rape, assault with intent to…