Legal Opinion

Westmoreland v. United States

Supreme Court of the United States

Decided January 7, 1895No. 765PublishedCited by 18 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES. FOR THE EASTERN DISTRICT OF TEXAS. On June 16,1894, the plaintiff in error was adjudged guilty of the crime of murder by the Circuit Court of the United States for the Eastern District of Texas, and sentenced to be hanged. This sentence has been brought to this court for review by writ of error. The record contains only the indictment, the judgment, and the motion in arrest thereof.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES. FOR THE EASTERN DISTRICT OF TEXAS. On June 16,1894, the plaintiff in error was adjudged guilty of the crime of murder by the Circuit Court of the United States for the Eastern District of Texas, and sentenced to be hanged. This sentence has been brought to this court for review by writ of error. The record contains only the indictment, the judgment, and the motion in arrest thereof. The indictment charges — “ That one Thomas Westmoreland, a white person and not an Indian, nor a citizen of the Indian Territory, late of Pick-ens County, Chickasaw…

1Opinion of the CourtJustice Beewer

It is not denied that the Circuit Court for the Eastern District of Texas has jurisdiction over offences against the laws of the United States committed in that portion of the Indian Territory described in the indictment, Act of March 1, 1889,' c. 333, § 17, 18, 25 Stat. 783, 786; but it is insisted that by section 2146, Rev. Stat., such jurisdiction does not “ extend to crimes committed by one Indian against the person or property of another Indian, nor to any Indian committing any offence in the Indian country Avho has been punished by the local law of the tribe, or to any case Avhere, by…

2Cases cited2 opinions

  1. United States v. RogersSupreme Court of the United States · 1846
  2. In Re MayfieldSupreme Court of the United States · 1891

3Cited by18 opinions

  1. Hoke & Economides v. United StatesSupreme Court of the United States · 1913
  2. Alberty v. United StatesSupreme Court of the United States · 1896
  3. Wheeler v. United StatesSupreme Court of the United States · 1895
  4. Wilson v. StateSupreme Court of Alabama · 1942
  5. Commonwealth v. SnellMassachusetts Supreme Judicial Court · 1905

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