State v. Jones, 8416
| Decision Date | 20 February 1976 |
| Docket Number | No. 8416,8416 |
| Citation | 92 Nev. 116,546 P.2d 235 |
| Parties | The STATE of Nevada, Appellant, v. Eugene JONES, Respondent. |
| Court | Nevada Supreme Court |
A Nevada Highway Patrolman arrested respondent Eugene Jones, a non-Indian, on U.S. Highway 95 within the exterior boundaries of the Walker River Paiute Indian Reservation for possession of marijuana. The district court, ruling that it lacked jurisdiction over all criminal matters occurring on an Indian reservation, dismissed the charges against respondent. The State here contends that it has jurisdiction over crimes involving neither Indians nor their property committed on an Indian reservation. We agree.
An Indian reservation is a part of the State within which it is located, and offenses committed thereon, not involving Indians or Indian property, are punishable by the State. N.Y. ex rel. Ray v. Martin, 326 U.S. 496, 66 S.Ct. 307, 90 L.Ed. 261 (1945); Draper v. United States, 164 U.S. 240, 17 S.Ct. 107, 41 L.Ed. 419 (1896); United States v. McBratney, 104 U.S. 621, 26 L.Ed. 869 (1881). The State, therefore, may assert jurisdiction over respondent. Ex Parte Crosby, 38 Nev. 389, 149 P. 989 (1915).
Reversed and remanded.
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Kaul v. Stephan, 94-3428
...for operating a motor vehicle under the influence of alcohol within the boundary of an Indian reservation); State v. Jones, 92 Nev. 116, 546 P.2d 235, 235 (1976) (upholding arrest on Indian reservation of non-Indian found to be in possession of marijuana); State v. Herber, 123 Ariz. 214, 59......
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Jurisdiction-Federal or State-Victimless" Crimes Committed by Non-Indians on Indian Reservations- 18 U.S.C. §§ 1152, 1153
... ... while not examining the question in depth, have upheld State ... jurisdiction as to possessory drug offenses, State v ... Jones, 92 Nev. 116, 546 P.2d 235 (1976), and as to ... traffic offenses by non-Indians on Indian reservations, ... State v. Warner, 71 N.M. 418, 479 ... ...
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Jones v. State
...why this is so. 1. An offense committed in Indian country by one who is not an Indian is punishable by the State. State v. Jones, 92 Nev. 116, 546 P.2d 235 (1976). However, the State is not obliged to prove that the accused is not an Indian. Rather, the accused must shoulder the burden of e......
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