Legal Opinion

State ex rel. Truman v. McKenney

Nevada Supreme Court

Decided October 15, 1883No. 1168PublishedCited by 7 opinions

Application for maridamus. The facts are stated in the opinion. I. Statutes of U. S. referring to the criminal jurisdiction over indians. (Rev. Stat. secs. 2145, 2146, 5339.) II.

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Application for maridamus. The facts are stated in the opinion. I. Statutes of U. S. referring to the criminal jurisdiction over indians. (Rev. Stat. secs. 2145, 2146, 5339.) II. The definition of murder by the statutes of this state is broad enough to include all human beings of any nationality, regardless of race, color or extraction, and the indian, having been indicted of murder, is amenable to the state laws the same as any other person within our territorial jurisdiction. (1 Comp. L. 2321 ; 1 Bish. Cr. L. secs. 124, 134, 154, 172, 178, 988; 2 Bish. Cr. L. sec. 630; Ü. 8. v. Rogers, 4…

1Opinion of the Court

By the Court,

Leonard, J.:

Relator seeks by mandamus to compel respondent to proceed to the trial of a Shoshone indian named Spanish Jim, for the alleged murder of an indian girl in the town of Belmont, in Nye county, in March, 1883. Respondent admits that he is the duty elected and qualified judge of the fifth judicial district court; that said alleged crime was committed wnthiu the jurisdiction of said court, if at all; that the said Spanish Jim has been indicted by a lawful grand jury of Nye county, charged with the crime of murder, and that such indictment is now of record in the district…

2Cases cited21 opinions

  1. Worcester v. GeorgiaSupreme Court of the United States · 1832
  2. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  3. United States v. KirbySupreme Court of the United States · 1869
  4. The Kansas IndiansSupreme Court of the United States · 1867
  5. United States v. McBratneySupreme Court of the United States · 1882

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3Cited by7 opinions

  1. Escalle v. MarkNevada Supreme Court · 1919
  2. People v. KetchumCalifornia Supreme Court · 1887
  3. State v. Buckaroo JackNevada Supreme Court · 1908
  4. Pablo v. PeopleSupreme Court of Colorado · 1896
  5. Goldfield Consolidated Mines Co. v. StateNevada Supreme Court · 1912

2 more not listed; retrieve them via the Exa API.

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