In re Crosby
Nevada Supreme Court
Original proceeding. Charles S. Crosby was arrested in Washoe County for a violation of the fish and game laws, and he applies for a writ of habeas corpus. The state has no jurisdiction to prosecute for an alleged offense committed within an Indian reservation. Under the territorial enabling act approved March 2, 1861, jurisdiction over Indians and their property was not included.
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Original proceeding. Charles S. Crosby was arrested in Washoe County for a violation of the fish and game laws, and he applies for a writ of habeas corpus. The state has no jurisdiction to prosecute for an alleged offense committed within an Indian reservation. Under the territorial enabling act approved March 2, 1861, jurisdiction over Indians and their property was not included. (Rev. Laws, sec. 192.) The Pyramid Lake Reservation is Indian territory, and the right of whites, as well as the exclusive right of the Indians, to fish and hunt therein has been determined. (U. S. v. Leathers, 6 U.…
1Opinion of the Court
By the Court,
McCarran, J.:
This is an original proceeding in habeas corpus. The petitioner, Charles S. Crosby, was arrested within the boundaries of the Pyramid Lake Reservation, the same being an Indian reservation in this state set apart by the United States government for the use and occupation of the Pah Ute Indians. Petitioner was charged with a violation of an act of the legislature of the State of Nevada, entitled "An act to provide for the protection and preservation of trout and other fish in the waters of the State of Nevada, and other matters pertaining thereto, ” etc.
Section 9 of…
2Cases cited20 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Kidd v. PearsonSupreme Court of the United States · 1888
- McCready v. VirginiaSupreme Court of the United States · 1877
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3Cited by5 opinions
- State ex rel. Clarkson v. PhilipsSupreme Court of Florida · 1915
- Pioneer Packing Co. v. WinslowWashington Supreme Court · 1930
- State v. MendezNevada Supreme Court · 1936
- State v. JonesNevada Supreme Court · 1976
- Jurisdiction Over "Victimless" Crimes Committed by Non-Indians on Indian Reservations, Department of Justice Office of Legal Counsel1979