Legal Opinion

In re McDonough

District Court, D. Montana

Decided February 5, 1892PublishedCited by 13 opinions

Petition by W. J. McDonough ■f'>r a writ of habeas corpus to release him from imprisonment on a complaint before a United States commissioner for selling beer to an Indian.

1Opinion of the Court

Knowles, District Judge.

The petitioner was arrested on complaint made before a United States circuit court commissioner for selling to an Indian in charge of an Indian agent spirituous liquor, to-wit, one bottle of beer. Section 2139 of the Revised Statutes of the United States provides :

“Every person (except an Indian in the Indian country) who sells, exchanges, gives, barters, or disposes of any spirituous liquors or wine to an Indian under the charge of any Indian superintendent or agent * * * shall be punished by imprisonment for not more than two years, and by a fine of not more than…

2Cases cited9 opinions

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  2. United States v. WiltbergerSupreme Court of the United States · 1820
  3. Maillard v. LawrenceSupreme Court of the United States · 1854
  4. Arthur v. MorrisonSupreme Court of the United States · 1878
  5. State v. . GierschSupreme Court of North Carolina · 1887

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
  2. Martin v. United StatesCourt of Appeals for the Eighth Circuit · 1909
  3. State v. BreffeihlSupreme Court of Louisiana · 1912
  4. Field v. United StatesCourt of Appeals for the Eighth Circuit · 1905
  5. St. Louis Merchants' Bridge Terminal Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1911

8 more not listed; retrieve them via the Exa API.

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