Legal Opinion

Draper v. United States

Supreme Court of the United States

Decided November 30, 1896No. 496PublishedCited by 182 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA. The case is stated in the opinion.

1Opinion of the CourtJustice White

The plaintiff in error was indicted, tried, convicted and sentenced to death for the crime of murder, alleged to have been committed on the Crow Indian reservation. He moved to arrest the judgment on the ground that the court had no jurisdiction to try an offence committed on the Crow reservation by other than an Indian, as such crime was exclusively cognizable by the proper court of the State of Montana. The refusal to arrest the judgment on account of this asserted want of jurisdiction is one of the errors pressed upon our attention, and our opinion on the subject will render it unnecessary…

2Cases cited4 opinions

  1. United States v. KagamaSupreme Court of the United States · 1886
  2. The Kansas IndiansSupreme Court of the United States · 1867
  3. United States v. McBratneySupreme Court of the United States · 1882
  4. The Cherokee TobaccoSupreme Court of the United States · 1871

3Cited by182 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1981
  2. Williams v. LeeSupreme Court of the United States · 1959
  3. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  4. Mescalero Apache Tribe v. JonesSupreme Court of the United States · 1973
  5. Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978

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