Toy Toy v. Hopkins, No. 49

CourtUnited States Supreme Court
Writing for the CourtFuller
Citation53 L.Ed. 644,212 U.S. 542,29 S.Ct. 416
Docket NumberNo. 49
Decision Date23 February 1909
PartiesTOY TOY, Appt., v. C. B. HOPKINS, United States Marshal for the Western District of Washington

212 U.S. 542
29 S.Ct. 416
53 L.Ed. 644
TOY TOY, Appt.,

v.

C. B. HOPKINS, United States Marshal for the Western District of Washington.

No. 49.
Argued December 9, 1908.
Decided February 23, 1909.

Page 543

Messrs. A. E. Crane and F. T. Woodburn for appellant.

[Argument of Counsel from pages 543-544 intentionally omitted]

Page 545

Solicitor General Hoyt for appellee.

[Argument of Counsel from pages 545-546 intentionally omitted]

Page 546

Mr. Chief Justice Fuller delivered the opinion of the court:

Toy Toy and Columbia George, both Indians of the Umatilla tribe, were jointly indicted in a state court in Oregon for the crime of murder in the first degree, committed on an Indian woman on the United States Indian reservation in Umatilla county, Oregon; were separately tried and convicted, and each sentenced to death. Columbia George appealed from the judgment of conviction on the ground, among others, that the state court was without jurisdiction, inasmuch as the crime was committed by Indians upon an Indian, on an Indian reservation, and that it was therefore within the exclusive jurisdiction of the Federal courts. In a careful opinion by Wolverton, J., the supreme court of the state of Oregon upheld this contention, and, reversing the judgment of the trial court, ordered the dis-

Page 547

charge of the defendant. State v. Columbia George, 39 Or. 127, 65 Pac. 604. Thereupon defendants were indicted under § 5339 of the Revised Statutes (U. S. Comp. Stat. 1901, p. 3627) in the circuit court of the United States for the district of Oregon. regularly tried and convicted of murder (without capital punishment), and sentenced to imprisonment for the term of their natural lives.

At October term, 1905, application was made to this court for leave to file a petition for the writ of habeas corpus, which was denied March 5, 1906, 201 U. S. 641, 50 L. ed. 901, 26 Sup. Ct. Rep. 759. Thereafter a petition for writ of habeas corpus on behalf of Toy Toy only was filed in the circuit court of the United States for the western district of Washington. That court denied the petition, and the case is now before this court on appeal.

The indictment in this case charged Columbia George and Toy Toy, Indians, with the murder of Annie Edna, an Indian woman, upon the Umatilla reservation, within the state and district of Oregon.

On the face of the record the United States circuit court for the district of Oregon, in which these Indians were last tried and convicted, had jurisdiction of the offense and of the defendants. They were tried, found guilty, and sentenced to the penitentiary for life. Five years thereafter Toy Toy applied for the writ of habeas corpus, and alleged that the indictment, arraignment,...

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47 practice notes
  • Sunal v. Large Alexander v. United States Kulick, Nos. 535
    • United States
    • United States Supreme Court
    • June 23, 1947
    ...and may not issue even though if an opportunity were allowed such want of jurisdiction might be established. See Toy Toy v. Hopkins, 212 U.S. 542, 29 S.Ct. 416, 53 L.Ed. 644, and Rodman v. Pothier, 264 U.S. 399, 44 S.Ct. 360, 8 L.Ed. 75 9. And compare In re Mayfield, 141 U.S. 107, 11 S.Ct. ......
  • United States v. Mulcahy, No. 264
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 30, 1948
    ...was available for correction of the error." The Court cited In re Lincoln, 202 U.S. 178, 26 S.Ct. 602, 50 L.Ed. 984, Toy Toy v. Hopkins, 212 U.S. 542, 29 S.Ct. 416, 53 L.Ed. 644; Glasgow v. Moyer, 225 U.S. 420, 32 S.Ct. 753, 56 L.Ed. 1147. It differentiated cases in which "specific constitu......
  • Fireman v. U.S., Civil Action No. 97-12305-WGY.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • September 15, 1998
    ...e.g., Sunal, 332 U.S. at 179, 67 S.Ct. 1588, ; Glasgow v. Moyer, 225 U.S. 420, 429, 32 S.Ct. 753, 56 L.Ed. 1147 (1912); Toy v. Hopkins, 212 U.S. 542, 549, 29 S.Ct. 416, 53 L.Ed. 644 (1909). Direct appeal can be a sufficient mechanism to address the validity of the law under which the inform......
  • State ex rel. Fault v. Utecht, No. 34066.
    • United States
    • Supreme Court of Minnesota (US)
    • July 27, 1945
    ...of jurisdiction, unless the want of it, either as to subject matter or as to parties, appears in some proper form. Toy Toy v. Hopkins, 212 U.S. 542, 29 S.Ct. 416, 53 L.Ed. 644, is a leading case. Toy Toy and Columbia George, both Indians of the Umatilla tribe, were separately tried and conv......
  • Request a trial to view additional results
46 cases
  • Sunal v. Large Alexander v. United States Kulick, Nos. 535
    • United States
    • United States Supreme Court
    • June 23, 1947
    ...and may not issue even though if an opportunity were allowed such want of jurisdiction might be established. See Toy Toy v. Hopkins, 212 U.S. 542, 29 S.Ct. 416, 53 L.Ed. 644, and Rodman v. Pothier, 264 U.S. 399, 44 S.Ct. 360, 8 L.Ed. 75 9. And compare In re Mayfield, 141 U.S. 107, 11 S.Ct. ......
  • United States v. Mulcahy, No. 264
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 30, 1948
    ...was available for correction of the error." The Court cited In re Lincoln, 202 U.S. 178, 26 S.Ct. 602, 50 L.Ed. 984, Toy Toy v. Hopkins, 212 U.S. 542, 29 S.Ct. 416, 53 L.Ed. 644; Glasgow v. Moyer, 225 U.S. 420, 32 S.Ct. 753, 56 L.Ed. 1147. It differentiated cases in which "specific constitu......
  • Fireman v. U.S., Civil Action No. 97-12305-WGY.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • September 15, 1998
    ...e.g., Sunal, 332 U.S. at 179, 67 S.Ct. 1588, ; Glasgow v. Moyer, 225 U.S. 420, 429, 32 S.Ct. 753, 56 L.Ed. 1147 (1912); Toy v. Hopkins, 212 U.S. 542, 549, 29 S.Ct. 416, 53 L.Ed. 644 (1909). Direct appeal can be a sufficient mechanism to address the validity of the law under which the inform......
  • State ex rel. Fault v. Utecht, No. 34066.
    • United States
    • Supreme Court of Minnesota (US)
    • July 27, 1945
    ...of jurisdiction, unless the want of it, either as to subject matter or as to parties, appears in some proper form. Toy Toy v. Hopkins, 212 U.S. 542, 29 S.Ct. 416, 53 L.Ed. 644, is a leading case. Toy Toy and Columbia George, both Indians of the Umatilla tribe, were separately tried and conv......
  • Request a trial to view additional results
1 books & journal articles
  • Who Has the Body? The Paths to Habeas Corpus Reform
    • United States
    • Prison Journal, The Nbr. 84-3, September 2004
    • September 1, 2004
    ...lawyer. Lanham, MD: Rowman & Littlefield. Tinsley v. Treat, 205 U.S. 20 (1906). Townsend v. Sain, 430 U.S. 387 (1963). Toy Toy v. Hopkins, 212 U.S. 542 Tushnet, M., & Yackle, L. (1997/1998). Symbolic statutes and real laws: The pathologies of the Antiterrorism and Effective Death Penalty Ac......

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