Legal Opinion
State v. Attebery
Arizona Supreme Court
Decided February 21, 1974No. 2703PublishedCited by 15 opinions
1Opinion of the Court
STRUCKMEYER, Justice.
Appellant, Dennis Patrick Attebery, was charged with and, after a trial to the court, was convicted of the crime of rape of his 10-year-old sister-in-law, a non-Indian. The offense was committed west of Phoenix, Arizona within the boundaries of the Gila River Indian Reservation. On this appeal, appellant first urges that the State court lacked jurisdiction over the offense because he is part Indian.
Under 18 U.S.C.A., § 1153, any Indian who commits rape within the Indian country is subject exclusively to the criminal jurisdiction of the United States. Appellant testified…
2Cases cited18 opinions
- New York Ex Rel. Ray v. MartinSupreme Court of the United States · 1946
- State v. ShawArizona Supreme Court · 1970
- State v. Big SheepMontana Supreme Court · 1926
- State v. CampbellSupreme Court of Minnesota · 1893
- People v. CarmenCalifornia Supreme Court · 1954
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. DodgeCourt of Appeals for the Eighth Circuit · 1976
- State v. JerousekArizona Supreme Court · 1979
- St. Cloud v. United StatesDistrict Court, D. South Dakota · 1988
- State v. PerankUtah Supreme Court · 1993
- State v. LaPierMontana Supreme Court · 1990
10 more not listed; retrieve them via the Exa API.