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eBook details

• Title: State v. Big Sheep
• Author : Supreme Court of Montana
• Release Date : January 26, 1926
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Indians ? Criminal Offenses ? Jurisdiction of Federal and State Courts ? Poisons ? Narcotics ? Illegal Possession ? Constitution ? Religious Societies. Indians ? Criminal Offenses ? Courts ? Jurisdiction. 1. Where a state court has jurisdiction of a criminal offense committed by an Indian within a county in which an Indian reservation is situated, the state need not allege in the complaint or information that it was not committed upon land within the exclusive jurisdiction of the United States, that being a matter to be taken advantage of at the trial. Same ? Indian Allottees ? When Subject to State Laws, When not. 2. An Indian allottee who has obtained citizenship through being an allottee and has received patent in fee is subject to the civil and - Page 220 criminal laws of the state, but an allottee who has not obtained patent is still a ward of the federal government although a citizen and as such subject to the exclusive jurisdiction of the United States. Same ? Maintaining Tribal Relations ? Federal Jurisdiction. 3. If an Indian is not an allottee but is a member of an Indian tribe who has not adopted the habits of civilized life and maintaining tribal relations under the supervision of an Indian agent, he is a ward of the government and subject to federal jurisdiction for acts committed by him within the reservation. Same ? Misdemeanor ? When State has Jurisdiction. 4. If an act was committed by an Indian who is a ward of the federal government, upon land to which the United States has relinquished title, the state has jurisdiction to punish him for committing a misdemeanor not embraced within the jurisdiction of the United States. Same ? Citizenship ? Effect on Jurisdiction of State for Offense Committed on Reservation. 5. Where an Indian to whom full citizenship has been granted commits an offense against the penal statutes of the state, he may not defend against the power of the state to punish by asserting that the offense was committed in the house of an Indian, title to whose land is still within the United States. Constitution ? Religious Worship ? Use of Narcotics for Sacramental Purposes ? Legislature may Prohibit. 6. Held, that section 4, Article III of the state Constitution, guaranteeing the free exercise and enjoyment of religious profession and worship, is not in conflict with any provision of the federal Constitution, and that such provision cannot be invoked as a protection against legislation enacted by Chapter 22, Laws of 1923, prohibiting the unlawful possession of peyote (a narcotic), under the claim that the drug was possessed for use by members of a church to which defendant belonged, for sacramental purposes.

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