United States v. Nice
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH DAKOTA. The facts, which involve the construction and constitutionality of the provisions of the act of January 30, 1897, prohibiting the sale of intoxicating liquors to allottee Indians, are stated in the opinion. The Government contends that the Pelican Case, 232 U. S. 214, decided in 1914, is inconsistent with the Heff Case, 197 U. S. 488, and must be deemed to overrule it.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH DAKOTA. The facts, which involve the construction and constitutionality of the provisions of the act of January 30, 1897, prohibiting the sale of intoxicating liquors to allottee Indians, are stated in the opinion. The Government contends that the Pelican Case, 232 U. S. 214, decided in 1914, is inconsistent with the Heff Case, 197 U. S. 488, and must be deemed to overrule it. In the Pelican Case it was alleged that murder of an Indian had been committed by a white man in- Indian country. Unless the crime took place in…
1Opinion of the CourtJustice Van Devanter
This is a prosecution for selling whiskey and other intoxicating liquors to an Indian in violation of the act of January 30, 1897, c. 109, 29 Stat. 506. According to the indictment, the sale was made August 9, 1914, in Tripp County, South Dakota; the Indian was a member of the Sioux tribe, a ward of the United States and under the charge of an Indian agent; and the United States was still holding in trust the title to land which had been allotted to him April 29, 1902. A demurrer was sustained and the indictment dismissed on the ground that the statute, in so far as it purports to embrace…
2Cases cited18 opinions
- United States v. KagamaSupreme Court of the United States · 1886
- United States v. RickertSupreme Court of the United States · 1903
- Tiger v. Western Investment Co.Supreme Court of the United States · 1911
- United States v. SandovalSupreme Court of the United States · 1913
- United States v. CelestineSupreme Court of the United States · 1909
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3Cited by152 opinions
- United States v. MazurieSupreme Court of the United States · 1975
- Oliphant v. Suquamish Indian TribeSupreme Court of the United States · 1978
- DeCoteau v. District County Court for the Tenth Judicial DistrictSupreme Court of the United States · 1975
- Mattz v. ArnettSupreme Court of the United States · 1973
- United States v. WashingtonDistrict Court, W.D. Washington · 1974
147 more not listed; retrieve them via the Exa API.