United States v. La Plant
District Court, D. South Dakota
Orvilla La Plant was indicted for an offense alleged to have been committed on an Indian reservation. On demurrer to indictment.
1Opinion of the Court
WILLARD, District Judge.
This case stands upon a demurrer to the indictment. The first ground stated in the demurrer is that the indictment does not state facts sufficient to constitute an offense. The second ground is that the court has no jurisdiction of the offense. Only the second ground will be considered.
11 ] The case was argued upon the assumption, by counsel, that the defendant, Orvilla Da Plant, and the person killed, George Martin, were both white persons. Upon this assumption the jurisdiction of this court cannot be based upon Act March 3, 1885, c. 341, 23 Statutes at Large, 362,…
2Cases cited6 opinions
- Draper v. United StatesSupreme Court of the United States · 1896
- Bates v. ClarkSupreme Court of the United States · 1877
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
- Buster v. WrightCourt of Appeals for the Eighth Circuit · 1905
- Hollister v. United StatesCourt of Appeals for the Eighth Circuit · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States of America Ex Rel. Tilden Louis Condon v. Don R. Erickson, Warden of the South Dakota State PenitentiaryCourt of Appeals for the Eighth Circuit · 1973
- Tooisgah v. United StatesCourt of Appeals for the Tenth Circuit · 1950
- In Re Rights to Use Water in Big Horn RiverWyoming Supreme Court · 1988
- Clarence Ernest Beardslee, A/K/A Clarence Everett Beardslee v. United StatesCourt of Appeals for the Eighth Circuit · 1967
- Lafferty v. State Ex Rel. JamesonSouth Dakota Supreme Court · 1963
21 more not listed; retrieve them via the Exa API.