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STATE v. DANA

404 A.2d 551 (1979)

STATE of Maine v. Albert C. DANA, Jr. STATE of Maine v. Allen J. SOCKABASIN.

Supreme Judicial Court of Maine.

July 3, 1979.

Attorney(s) appearing for the Case

John M. R. Paterson (orally), David Roseman, William Laubenstein, Asst. Attys. Gen., Augusta, for the State.

Edward J. Shawaker (orally), Jacques B. Gelin, Dept. of Justice, Washington, D.C., George J. Mitchell, U.S. Atty., District of Maine, Portland, for amicus curiae, United States.

Brown & Tibbetts by John A. Churchill, Jr. (orally), Calais, for defendants.

Thomas N. Tureen (orally), Native American Rights Fund, Portland, Richard B. Collins, Native American Rights Fund, Boulder, Colo., for amicus curiae, Joint Tribal Council of Passamaquoddy Tribe.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY, GODFREY, and NICHOLS, JJ.

WERNICK, Justice.

The appeals in this case raise an important question of federal-state relations in what has continued to be, since our nation's beginnings, the sensitive area of criminal jurisdiction over Indians.1 The issue is: Does 18 U.S.C. § 1153 (1970 ed.), the current version of the Major Crimes Act of 1885, prevent the State of Maine from exercising jurisdiction over the crime of arson as allegedly committed by two Passamaquoddy...

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