Louie v. United States, 254 U.S. 548 (1921)

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Louie v. United States


No. 337


Argued December 8, 1920
Decided January 17, 1921
254 U.S. 548

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

Upon an indictment of an Indian for the murder of another Indian within the limits of an Indian Reservation (Crim.Code, § 273, 328), an objection that the district court has no jurisdiction over person or subject matter because the defendant had been declared competent and because the act charged was committed on land which had been allotted and deeded to him in fee simple really goes not to the jurisdiction, but to the merits, raising the question whether the act was a violation of the federal law, and the judgment of the district court is not reviewable by direct writ of error from this Court, but should go to the circuit court of appeals. P. 550. Clairmont v. United States, 225 U.S. 551, explained.

Reversed.

The case is stated in the opinion.