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DRAPER v. UNITED STATES

No. 496.

164 U.S. 240 (1896)

17 S.Ct. 107

41 L.Ed. 419

DRAPER, v. UNITED STATES.

Supreme Court of United States.

Decided November 30, 1896.

Attorney(s) appearing for the Case

Mr. J.W. Strevell, for plaintiff in error, submitted on his brief. Mr. S.A. Balliet and Mr. Lewis Penwell were on the brief.

Mr. Assistant Attorney General Dickinson for defendants in error.

MR. JUSTICE WHITE delivered the opinion of the court.

The plaintiff in error was indicted, tried, convicted and sentenced to death for the crime of murder, alleged to have been committed on the Crow Indian reservation. He moved to arrest the judgment on the ground that the court had no jurisdiction to try an offence committed on the Crow reservation by other than an Indian, as such crime was exclusively cognizable by the proper court of the State of Montana. The refusal...

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