Legal Opinion

State v. Kenney

Washington Supreme Court

Decided January 8, 1915No. 12301PublishedCited by 20 opinions

Appeal from a judgment of the superior court for Lincoln county, Sessions, J., entered November 25, 1913, upon a trial and conviction of giving intoxicating liquor to an Indian.

1Opinion of the CourtChadwick, J.

Appellant was convicted in the court below upon a charge' of giving liquor to an Indian of mixed blood and within the protection of ch. 140, Laws of 1909, p. 537 (Rem. & Bal. Code, § 6288; P. C. 135 § 1491).

It is first contended that the court erred in holding that the person to whom the liquor was given was an Indian. The father was a white man, a veteran of the Civil War. The mother was an Indian woman. The statute makes no exceptions in favor of citizen Indians or the offspring of those who are citizens-. If there be the blood of an Indian to the degree of more than one-eighth in the…

2Cases cited4 opinions

  1. State v. CossWashington Supreme Court · 1895
  2. State v. NicollsWashington Supreme Court · 1910
  3. United States v. HadleyU.S. Circuit Court for the District of Washington · 1900
  4. State v. MamlockWashington Supreme Court · 1910

3Cited by20 opinions

  1. Bartkus v. IllinoisSupreme Court of the United States · 1959
  2. State v. ShafferWashington Supreme Court · 1922
  3. Trujillo v. PrinceNew Mexico Supreme Court · 1938
  4. State v. IvieWashington Supreme Court · 1998
  5. State v. IvieWashington Supreme Court · 1998

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