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Keeble v. United States, 412 U.S. 205 (1973)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Keeble v. United States, 412 U.S. 205 (1973)
Keeble v. United States No. 72-5323 Argued March 27, 1973 Decided May 29, 1973 412 U.S. 205
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHT CIRCUIT
Syllabus
Petitioner, an Indian, was convicted of assault with intent to commit serious bodily injury on an Indian reservation, a federal crime under the Major Crimes Act of 1885, after the court refused to instruct the jury on the lesser included offense of simple assault. The Court of Appeals affirmed on the ground that, since simple assault is not one of the offenses enumerated in the Act, it would be exclusively "a matter for the tribe."
Held: An Indian prosecuted in federal court under the Act is entitled to a jury instruction on lesser included offenses if the facts warrant. Such an instruction would not expand the reach of the Act or permit the Government to infringe the residual jurisdiction of the Indian tribes by bringing in federal court prosecutions not authorized by statute. Pp. 207-214.
459 F.2d 757 and 762, reversed and remanded.
BRENNAN, J., delivered the opinion of the Court, in which BURGER, C.J., and DOUGLAS, WHITE, MARSHALL, and BLACKMUN, JJ., joined. STEWART, J., filed a dissenting opinion, in which POWELL and REHNQUIST, JJ., joined, post, p. 215.
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Chicago: U.S. Supreme Court, "Syllabus," Keeble v. United States, 412 U.S. 205 (1973) in 412 U.S. 205 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=MVYQTSFA6I97HGF.
MLA: U.S. Supreme Court. "Syllabus." Keeble v. United States, 412 U.S. 205 (1973), in 412 U.S. 205, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=MVYQTSFA6I97HGF.
Harvard: U.S. Supreme Court, 'Syllabus' in Keeble v. United States, 412 U.S. 205 (1973). cited in 1973, 412 U.S. 205. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=MVYQTSFA6I97HGF.
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