Legal Opinion

United States v. Barnaby

U.S. Circuit Court for the District of Montana

Decided June 7, 1892PublishedCited by 7 opinions

At Law. Indictment of Adolph Barnaby, a Flathead Indian, for an assault with intent to murder, committed on the Flathead reservation, against another Indian of the same tribe. Verdict of guilty. Heard on motion in arrest of judgment.

1Opinion of the Court

Knowles, District Judge.

The defendant was charged in the indictment in this case with an assault with the intent to commit murder. He was tried and by the jury found guilty of this offense. Counsel for defendant now come into this court and move the court that the judgment herein be arrested. Among the grounds for this motion are that the indictment alleges no offense known to the laws of the United States; that for the crime alleged in the indictment and proven at the trial there is no punishment provided by the United States laws. Upon an examination of the statutes of the United States, I…

2Cases cited4 opinions

  1. Worcester v. GeorgiaSupreme Court of the United States · 1832
  2. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  3. United States v. KagamaSupreme Court of the United States · 1886
  4. United States v. PaulSupreme Court of the United States · 1832

3Cited by7 opinions

  1. George M. Bradley v. United StatesCourt of Appeals for the Eighth Circuit · 1971
  2. Hollister v. United StatesCourt of Appeals for the Eighth Circuit · 1906
  3. Frame v. Portland Gold Min. Co.Court of Appeals for the Eighth Circuit · 1901
  4. Moody v. LovellSupreme Judicial Court of Maine · 1950
  5. United States v. MillerDistrict Court, D. Nevada · 1901

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