Legal Opinion
State v. Phelps
Montana Supreme Court
Decided January 19, 1933No. 7,037PublishedCited by 11 opinions
1Opinion of the CourtJustice Matthews
Bud Phelps was convicted of the crime of stealing cattle on the Crow Indian Reservation in Big Horn county; he has appealed from the judgment of conviction. It is contended that the defendant is a tribal Indian, residing on the reservation, and consequently the trial court had no jurisdiction to try him.
The history and effect of the paternal position of the government with respect to Indians, declared by treaties and Acts of Congress, are fully covered in State v. Big Sheep, 75 Mont. 219, 243 Pac. 1067, and need no further exposition. The word “jurisdiction” as used in the ordinance of the…
2Cases cited26 opinions
- United States v. CelestineSupreme Court of the United States · 1909
- Alberty v. United StatesSupreme Court of the United States · 1896
- United States v. RogersSupreme Court of the United States · 1846
- Hallowell v. United StatesSupreme Court of the United States · 1911
- United States v. ThomasSupreme Court of the United States · 1894
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3Cited by11 opinions
- Ex Parte PeroCourt of Appeals for the Seventh Circuit · 1938
- State v. JacksonSupreme Court of Minnesota · 1944
- State v. PepionMontana Supreme Court · 1951
- State v. YoupeeMontana Supreme Court · 1936
- State v. KuntzNorth Dakota Supreme Court · 1954
6 more not listed; retrieve them via the Exa API.