Yohyowan v. Luce

(after stating the facts as above). Upon the foregoing facts petitioner rests his application for discharge, on the contention that by virtue of section 328 of the Penal Code (Comp. St. § 10502) jurisdiction of the crime of which he was convicted in the state court is vested exclusively in the courts of the United States, and in consequence the judgment of the superior court of Yakima *427county is pull and void. Section 328 of the Penal Code reads as follows :

“All Indians committing against the person or property of another Indian or other person any of the following crimes, namely—murder,…