N.Y. EX REL. RAY v. MARTIN

No. 158.

326 U.S. 496 (1946)

NEW YORK EX REL. RAY v. MARTIN, WARDEN.

Supreme Court of United States.

Decided January 7, 1946.


Attorney(s) appearing for the Case

Mr. Thomas J. McKenna for petitioner.

Henry S. Manley, Assistant Attorney General of New York, with whom Nathaniel L. Goldstein, Attorney General, and Orrin G. Judd, Solicitor General, were on the brief, for the Warden and the State of New York. Mr. Charles E. Congdon for Cattaraugus County.

Mr. Roger P. Marquis, with whom Solicitor General McGrath, Messrs. J. Edward Williams, John C. Harrington and Walter J. Cummings, Jr. were on the brief, for the United States, as amicus curiae, urging affirmance.


MR. JUSTICE BLACK delivered the opinion of the Court.

In United States v. McBratney, 104 U.S. 621, this Court held that the State courts of Colorado, not the Federal courts, had jurisdiction to prosecute a murder of one non-Indian by another committed on an Indian reservation located within that State. The holding in that case was that the Act of Congress admitting Colorado into the Union overruled all prior inconsistent...

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