People Ex Rel. Cusick v. . Daly
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 17, 1913, which affirmed an order of Special Term dismissing-a writ of habeas corpus and remanding the relator to custody- The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Webjstee, J.:
The relator is a Tuscarora Indian, living with the other members of his tribe on its reservation in Niagara county in this state. On August 19th, 1912, he was arrested on a warrant issued by a justice of the peace of the town of Lewiston in that county, charging that the relator, while on said reservation and armed with a dangerous knife, attacked another Indian with intent to kill. The relator was committed to the county jail to await the action of the grand jury.
Thereafter he sued out a writ of habeas corpus, upon the plea that his arrest and detention were illegal because the…
2Cases cited11 opinions
- Worcester v. GeorgiaSupreme Court of the United States · 1832
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- United States v. SandovalSupreme Court of the United States · 1913
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- Porter v. HallArizona Supreme Court · 1928
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