United States v. Shaw-Mux
District Court, D. Oregon
This indictment charges that the defendant, at Umatilla county, on November 24, 1872, did dispose of spirituous liquor to an Indian, one Moo-los-le-wick, who was then and there under the charge of an Indian agent of the United States. On the trial it appeared that the defendant was an Indian living on the Umatilla reservation, at the time of the commission of the alleged crime.
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This indictment charges that the defendant, at Umatilla county, on November 24, 1872, did dispose of spirituous liquor to an Indian, one Moo-los-le-wick, who was then and there under the charge of an Indian agent of the United States. On the trial it appeared that the defendant was an Indian living on the Umatilla reservation, at the time of the commission of the alleged crime. The defendant being convicted, moved for a new trial, upoa the ground that the court erred in charging the jury that an Indian was a “person” within the meaning of that term, as used in section twenty of the…
1Opinion of the Court
DEADY, District Judge.
The word “per-
son” in its ordinaiy sense includes an Indian, whether he be uncivilized, under~the charge of an Indian agent, in the Indian country, or otherwise. The burden then is upon the defendant to show, that, although he is plainly within the letter of the statute, he is not within the true intent and meaning thereof.
The argument in his behalf is, that the principal power of congress in the premises does not extend to the regulation or control ■ of conduct or intercourse between Indians, within the limits of a state, and therefore the statute should be construed so…
2Cases cited1 opinion
- United States v. TomOregon Supreme Court · 1853
3Cited by6 opinions
- Farrell v. United StatesCourt of Appeals for the Eighth Circuit · 1901
- Territory of Montana v. GuyottMontana Supreme Court · 1889
- United States v. Mary Lucille CowboyCourt of Appeals for the Tenth Circuit · 1982
- Palcher v. United StatesDistrict Court, D. Minnesota · 1882
- United States v. MillerDistrict Court, D. Nevada · 1901
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