Carter v. United States
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Wm. J. Carter appeals from a conviction, on an indictment for maintaining a disorderly house. All offenses against the United- States are of statutory origin. No common law offense can be committed against it. U. S. vs Britton 108 U. S. 206; United States vs Walsh, 5 Dili. 60; Wheaton vs 'Peters, 8 Pet. 658. The Federal Courts have no jurisdiction of common law offenses.
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Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Wm. J. Carter appeals from a conviction, on an indictment for maintaining a disorderly house. All offenses against the United- States are of statutory origin. No common law offense can be committed against it. U. S. vs Britton 108 U. S. 206; United States vs Walsh, 5 Dili. 60; Wheaton vs 'Peters, 8 Pet. 658. The Federal Courts have no jurisdiction of common law offenses. Penn, vs Wheeling, Bridge Co., 13 How. 563. The courts of the United States must follow the statutes exclusively, using the common law only…
1Opinion of the CourtLewis, J.
1. Appellant is a citizen of the United States, residing in the Indian Territory. To the indictment herein he pleaded in abatement that it was of no force and effect, because returned by a grand jury from which were • (xcluded, by direction of the court, members by blood of the hickasaw Tribe of Indians, duly qualified as grand jurors, 'he facts set up in the plea were admitted, the plea over-uled, and this action assigned as error. It appears from ne record that appellant was first indicted for this offense y a grand jury composed in part of Chickasaw Indians by lood; that to this indictment…
2Cases cited18 opinions
- Whitney v. RobertsonSupreme Court of the United States · 1888
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- National Bank v. County of YanktonSupreme Court of the United States · 1880
- Benner v. PorterSupreme Court of the United States · 1850
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3Cited by4 opinions
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- Territory of Hawaii v. CrawfordHawaii Supreme Court · 1907
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