People v. Antonio

By the Court, Rhodes, J.

The defendant was indicted and convicted of grand larceny. It was admitted by the District Attorney and was proven that the defendant was an Indian.

The most important question in- the case arises upon the *405refusal of the Court to give the jury the following instruction: “That the defendant cannot be convicted of larceny under the law as it is applied to Indians.” The counsel for the defendant claims that the defendant, being an Indian, is liable to be prosecuted and punished for the offense charged against him, according to the provisions of an Act for the protection…