[DOWNLOAD] "State Ex Rel. Nepstad v. Danielson" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Nepstad v. Danielson
- Author : Supreme Court of Montana
- Release Date : January 12, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
James Nepstad a non-Indian was arrested and charged with violating section 26-307, R.C.M. 1947, by killing two bull elk on the Crow Indian Reservation during the closed season. The accused petitioned the district court of the thirteenth judicial district for a writ of habeas corpus on the theory that the State of Montana was without jurisdiction in this matter because - Page 440 the elk were killed on a Crow Indian Reservation located in southeastern Montana. The district court agreed with the petitioner and an order was entered April 12, 1966, granting the writ of habeas corpus releasing him from the custody of the Big Horn County Sheriff. The order contained the following statement "* * * It is elementary that all Indian lands within the State are under the absolute jurisdiction and control of the United States. (See the Enabling Act of Montana.) In any event, the Congress, by enacting the statute in question (Title 18, § 1165) on July 12, 1960, following the act of our Legislature in 1957, seems clearly to have pre-empted the field and left the jurisdiction to punish the petitioner, if he be guilty of any crime, in the courts of the United States * * *."