State v. Kenney

Citations

• 83 Wash. 441
• 145 P. 450
• 1915 Wash. LEXIS 700

Syllabus

<p>Indians — Mixed Blood — Intoxicating Liquors. Rem. & Bal. Code, § 6288, prohibiting the sale or gift to an Indian of mixed blood having more than one-eighth Indian blood applies to all such Indians, regardless of the status of their father or themselves as citizens, the prohibition of such act coming within the police power of the state.</p> <p>Criminal Law — Former Jeopardy — Offense Under Federal and State Laws. Where an offense is created under both Federal and state laws, an acquittal in the court of one jurisdiction does not bar a prosecution in the other for the same transaction.</p> <p>Criminal Law — Punishment—Excessive Sentence. A sentence of two years in the state penitentiary for giving intoxicating liquor to an Indian of mixed blood, being within the limit fixed by law, will be presumed to be not an abuse of discretion, in the absence of any showing to the. contrary.</p>