Order unanimously reversed and indictment reinstated.
Memorandum:
Defendant, an American Indian, was indicted for having committed within the territory of the Onondaga Indian Reservation the crimes of murder, robbery, assault and grand larceny. The indictment was dismissed by the court, sua sponte, at a motion term, upon the finding that "as a matter of law, the federal government has exclusive jurisdiction over the crimes charged". Initially, we reject...
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