Good Shot v. United States

Citations

• 104 F. 257
• 43 C.C.A. 525
• 1900 U.S. App. LEXIS 3910

Syllabus

<p>1. JURISDICTION 01' CONVICTION OF INFAMOUS CRIME.</p> <p>Tbe circuit courts of appeals have no jurisdiction of cases of convictions of capital crime.</p> <p>2. Jurisdiction — Test of Conviction of Capital Grimm.</p> <p>The test which determines whether or not a case is one of conviction of a capita! crime is not the penalty which is actually imposed, but it is that which may be imposed. If the crime may be punished with death, and there is a conviction, it is a case of a conviction of a capital crime.</p> <p>3. Murder of an Indian f.y an Indian a Capital Crime.</p> <p>The murder of one Indian by another is punishable with death, under section 5339, Iiev. St., and section 9, c. 341, p. 885, 23 Stat. The power of the federal courts to punish this offense with death was not revoked by 29 Stat. 487, c. 29.</p> <p>(Syllabus by the Court.)</p>