UNITED STATES SUPREME COURT DECISIONS ON-LINE

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. 254 U. S. 550. Clairmont v. United States, 225 U. S. 551, explained.

Reversed.

The case is stated in the opinion. clubjuris

Page 254 U. S. 549