United States v. Celestine
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WASHINGTON. At the May term, 1908, of the Circuit Court of the United States for the Western District of Washington an indictment was found against the defendant, the first count of, which reads: “That one Bob Celestine, an Indian, on the thirtieth day of August, in-the year of our Lord 1906, within the limits of the Tulalip Indian Reservation, within the boundaries of the State of Washington, and…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF WASHINGTON. At the May term, 1908, of the Circuit Court of the United States for the Western District of Washington an indictment was found against the defendant, the first count of, which reads: “That one Bob Celestine, an Indian, on the thirtieth day of August, in-the year of our Lord 1906, within the limits of the Tulalip Indian Reservation, within the boundaries of the State of Washington, and within said Western District of Washington, Northern Division, did, with force and arms, make an assault upon one Mary…
1Opinion of the CourtJustice Brewer
The fourth paragraph of the act of March 2, 1907, supra, authorizes a review of a “decision or judgment sustaining a special plea in bar, when the defendant has not been put in. jeopardy.”' The defendant in this case had' not been put upon trial, therefore he had not been in jeopardy. The dé-, cisión of the Circuit Court sustained the special plea' in bar. This fourth paragraph differs from the two preceding, in that the review authorized by them is limited to cases in which “thé decision or Judgment is based upon the invalidity or' construction of the statute upon which the indictment is…
2Cases cited9 opinions
- Ex Parte Crow DogSupreme Court of the United States · 1883
- The Kansas IndiansSupreme Court of the United States · 1867
- Matter of HeffSupreme Court of the United States · 1905
- Bates v. ClarkSupreme Court of the United States · 1877
- Dick v. United StatesSupreme Court of the United States · 1908
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3Cited by207 opinions
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