Lucas v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. Defendant was indicted in the Circuit Court of the United States for the Western District of Arkansas, February 15, 1895, for the murder, at the Choctaw Nation, in the Indian country, of one Levy Kemp, who was alleged in the indictment to have been “a negro and not an Indian.” Having been tried and convicted, he was sentenced to death. He then sued out a writ of error from this court.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. Defendant was indicted in the Circuit Court of the United States for the Western District of Arkansas, February 15, 1895, for the murder, at the Choctaw Nation, in the Indian country, of one Levy Kemp, who was alleged in the indictment to have been “a negro and not an Indian.” Having been tried and convicted, he was sentenced to death. He then sued out a writ of error from this court. It was proven at the trial that defendant was a Choctaw Indian, and that Kemp was by blood a negro. The crime was alleged to…
1Opinion of the CourtJustice Shibas
It has recently been decided by this court in the case of Alberty v. United States, 162 U. S. 499, that the act of May 2, 1890, wherein it provides that the judicial tribunals of the Indian nations shall retain exclusive jurisdiction in all civil and criminal cases arising in the country in which members of the nation by nativity or by adoption shall be the only parties, is to be* construed as meaning the parties to a crime as well as parties to a civil controversy, and as, under the present condition of the laws pertaining to the Choctaw tribe, negroes who have been adopted into the tribe…
2Cases cited2 opinions
- Alberty v. United StatesSupreme Court of the United States · 1896
- United States v. RogersSupreme Court of the United States · 1846
3Cited by19 opinions
- United States v. Ricco Devon PrentissCourt of Appeals for the Tenth Circuit · 2001
- United States v. Ramon Torres and Tony FishCourt of Appeals for the Seventh Circuit · 1984
- Vickers v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- National Cash-Register Co. v. LelandCourt of Appeals for the First Circuit · 1899
- United States v. PrentissCourt of Appeals for the Tenth Circuit · 2000
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