New York Ex Rel. Ray v. Martin, 326 U.S. 496 (1946)

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New York ex rel. Ray v. Martin


No. 158


Argued December 13, 1945
Decided January 7, 1946
326 U.S. 496

CERTIORARI TO THE COUNTY COURT
OF WYOMING COUNTY, NEW YORK

Syllabus

1. A state court of New York has jurisdiction to try a non-Indian for the murder of another non-Indian committed on the Allegany Reservation of the Seneca Indians within that State. United States v. McBratney, 104 U.S. 621, followed. P. 498.

2. Section 2145 of the Revised Statutes does not operate to deprive States of jurisdiction of crimes committed on Indian reservations by one non-Indian against another. P. 499.

3. Exercise of jurisdiction by a state court of New York over crimes involving only non-Indians and committed on the Allegany Reservation of the Seneca Indians within that State does not violate the Treaty of 1794. P. 500.

294 N.Y. 61, 60 N.E.2d 541, affirmed.

Certiorari, post, p. 685, to review the affirmance of a judgment dismissing a writ of habeas corpus. See 26 App.Div. 218, 52 N.Y.S.2d 496; 181 Misc. 925, 47 N.Y.S.2d 883.