United States v. Logan

BELLINGER, District Judge.

This is a demurrer to an indictment charging the defendant with having assaulted an Indian upon the Siletz Indián reservation, in this district, with intent to kill; the defendant'being at the time armed with a dangerous weapon. It is stipulated that the defendant is an allottee in severalty of lands upon the reservation under the act of February 8,1887. The defendant demurs to the indictment upon the grounds: First, that the facts alleged and stipulated are not sufficient to constitute a crime; second, that the court has no jurisdiction of the crime charged.

The…