Legal Opinion

State v. Warner

New Mexico Supreme Court

Decided February 19, 1963No. 7180PublishedCited by 24 opinions

1Opinion of the Court

NOBLE, Justice.

Defendant, who is not an Indian, was charged with driving while under the influence of intoxicating liquors. Based upon a stipulation that the alleged criminal offense occurred within the boundaries of the Navajo Indian Reservation, the trial court dismissed the criminal complaint for lack of jurisdiction. The state has appealed. The single question presented is whether the State of New Mexico has jurisdiction to arrest and try a non-Indian for a criminal offense occurring within an Indian reservation, where no Indian or Indian property is involved.

The trial court was…

2Cases cited19 opinions

  1. Worcester v. GeorgiaSupreme Court of the United States · 1832
  2. Williams v. LeeSupreme Court of the United States · 1959
  3. Donnelly v. United StatesSupreme Court of the United States · 1913
  4. Organized Village of Kake v. EganSupreme Court of the United States · 1962
  5. United States v. McBratneySupreme Court of the United States · 1882

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3Cited by24 opinions

  1. Oklahoma v. Castro-HuertaSupreme Court of the United States · 2022
  2. Sangre De Cristo Development Corp. v. City of Santa FeNew Mexico Supreme Court · 1972
  3. Batchelor v. CharleyNew Mexico Supreme Court · 1965
  4. Paiz Ex Rel. Koteen v. HughesNew Mexico Supreme Court · 1966
  5. G. M. Shupe, Inc. v. Bureau of RevenueNew Mexico Court of Appeals · 1976

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

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