United States v. Sa-Coo-Da-Cot
U.S. Circuit Court for the District of Nebraska
[The defendants, four in number, and Indians, have been indicted in this court, charged with and convicted of the murder of one Edward McMurty, a white inhabitant of the state of Nebraska. They were tried before Mr. District Judge Dundy, sitting alone in this court, upon their plea of “Not guilty.” Prior to the verdict, neither by demurrer, motion, plea, or otherwise, did the defendants make any objection to the jurisdiction of the court.
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[The defendants, four in number, and Indians, have been indicted in this court, charged with and convicted of the murder of one Edward McMurty, a white inhabitant of the state of Nebraska. They were tried before Mr. District Judge Dundy, sitting alone in this court, upon their plea of “Not guilty.” Prior to the verdict, neither by demurrer, motion, plea, or otherwise, did the defendants make any objection to the jurisdiction of the court. After a verdict of guilty they made a motion for a new trial, and another in arrest of judgment. By the latter motion the question as to the jurisdiction of…
1Opinion of the Court
DILLON, Circuit Judge.
The present attitude of this case is not a little singular. The one party asks, and the other party, acting under the advice of skillful counsel, does not resist a judgment which is the highest human laws or a human tribunal can inflict. It is the court alone which hesitates and deliberates.
In explanation of the course which the counsel for the defendants have taken in withdrawing all questions as to the jurisdiction of the e^urt, a reason has been given, which, for the honor of the people of the state, it is hoped can have no real foundation, viz.: that such is the…
2Cases cited8 opinions
- Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823
- McCracken v. ToddSupreme Court of Kansas · 1862
- People v. AntonioCalifornia Supreme Court · 1865
- Clay v. StateSupreme Court of Kansas · 1866
- Murray v. WoodenNew York Supreme Court · 1837
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. Spotted HawkMontana Supreme Court · 1899