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Legal Opinion

State Ex Rel. Nepstad v. Danielson

Montana Supreme Court

Decided May 12, 1967No. 11139PublishedCited by 23 opinions

1Opinion of the CourtJustice Doyle

This is an appeal from an order granting a writ of habeas corpus.

James Nepstad a non-Indian was arrested and charged with violating section 26-307, R.C.M.1947, by killing two bull elk on the Crow Indian Reservation during the closed season. The accused petitioned the district court of the thirteenth judicial district for a writ of habeas corpus on the theory that the State of Montana was without jurisdiction in this matter be canse the elk were killed on a Crow Indian Reservation located in southeastern Montana. The district court agreed with the petitioner and an order was entered April 12,…

2Cases cited10 opinions

  1. Bartkus v. IllinoisSupreme Court of the United States · 1959
  2. Williams v. LeeSupreme Court of the United States · 1959
  3. Abbate v. United StatesSupreme Court of the United States · 1959
  4. Savage v. JonesSupreme Court of the United States · 1912
  5. Organized Village of Kake v. EganSupreme Court of the United States · 1962

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3Cited by23 opinions

  1. Sangre De Cristo Development Corp. v. City of Santa FeNew Mexico Supreme Court · 1972
  2. State Ex Rel. Bear v. District Court of the Fifteenth Judicial District Ex Rel. County of RooseveltMontana Supreme Court · 1973
  3. Totemoff v. StateAlaska Supreme Court · 1995
  4. United States v. Nelson E. "Buck" SanfordCourt of Appeals for the Ninth Circuit · 1976
  5. State v. JackMontana Supreme Court · 1975

18 more not listed; retrieve them via the Exa API.

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