Childers v. McClaughry
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The Oklahoma enabling act was approved June 16, 1906, 34 Stat. 267., c. 3335. November 16,1907, the State was admitted into the Union, 35 Stat. 2160. Childers was indicted October 21, 1906, in the United States court for the Northern District of the Indian Territory, for having, on August 6, 1906, -and within the jurisdiction of said court, murdered one Lena Atwood.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The Oklahoma enabling act was approved June 16, 1906, 34 Stat. 267., c. 3335. November 16,1907, the State was admitted into the Union, 35 Stat. 2160. Childers was indicted October 21, 1906, in the United States court for the Northern District of the Indian Territory, for having, on August 6, 1906, -and within the jurisdiction of said court, murdered one Lena Atwood. He was tried and convicted, and on June 17, 1907, sentenced to “be imprisoned in the penitentiary situated at Fort Leavenworth, Kansas, for the term…
1Opinion of the Court
Mu. Chief Justice Fullek,
after making the foregoing statement, delivered the opinion of the court.
The jurisdiction of the District Court was not in issue, nor, properly speaking, was the construction or application of the Constitution involved in this case. The real question before the District Court was whether the United States court for the Northern District of the Indian Territory had jurisdiction of the offense for which Childers was undergoing punishment, in view of the provisions of the Oklahoma enabling act. The allegation in the petition that Childers has been deprived of his liberty…
2Cases cited5 opinions
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