Famous Smith v. United States
Supreme Court of the United States
EEROE TO THE CIRCUIT COURT OP THE UNITED STATES POE THE WESTERN DISTRICT OP ARKANSAS. Tiiis was a writ of error to review the'conviction'of the plaintiff iii error'for the murder of one James Gentry, alleged to have'been “a white man and not an Indian,” on August 1, 1883, in the Cherokee Nation, Indian Territory.' The case was tried before the Circuit Court of the United States for the Western District of.
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EEROE TO THE CIRCUIT COURT OP THE UNITED STATES POE THE WESTERN DISTRICT OP ARKANSAS. Tiiis was a writ of error to review the'conviction'of the plaintiff iii error'for the murder of one James Gentry, alleged to have'been “a white man and not an Indian,” on August 1, 1883, in the Cherokee Nation, Indian Territory.' The case was tried before the Circuit Court of the United States for the Western District of. Arkansas at the May term of 1893, and the prisoner convicted and sentenced to death. Thirty-four assignments of error were contained in the record, none of which were considered except…
1Opinion of the CourtJustice Brown
This case, so far as we have found it necessary to consider it, raises but a single question, namely, whether, Smith being admitted to be a Cherokee ■ Indian, born and raised in the. Cherokee Nation, and a citizen of that nation, the undisputed testimony did not also show Gentry to have been an Indian.
If this were the case, then it is clear the court had no jurisdiction of the offence. By Rev. Stat. § 2115, (c. 4, Tit. 28,) relating to the “government of Indian country,” it is provided “ that except as to crimes the punishment of which is expressly provided for in this Title, the general laws…
2Cases cited5 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Elk v. WilkinsSupreme Court of the United States · 1884
- In Re MayfieldSupreme Court of the United States · 1891
- Marshall v. HubbardSupreme Court of the United States · 1886
3Cited by28 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
- United States v. Ricco Devon PrentissCourt of Appeals for the Tenth Circuit · 2001
- United States v. Ramon Torres and Tony FishCourt of Appeals for the Seventh Circuit · 1984
- James Hemphill v. United StatesCourt of Appeals for the D.C. Circuit · 1968
- United States v. PrentissCourt of Appeals for the Tenth Circuit · 2000
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