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IN RE WILSON, 140 U. S. 575 (1891)

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U.S. Supreme Court

In re Wilson, 140 U.S. 575 (1891)

In re Wilson

No. 11, Original

Submitted April 27, 1891

Decided May 25, 1891

140 U.S. 575



Prior to 1885, the district courts of a territory had jurisdiction over the crime of murder, committed by any person other than an Indian, upon an Indian reservation within its territorial limits, and such jurisdiction was not taken away by the Act of March 3, 1885, c. 341, § 9, 23 Stat. 385.

A deficiency in the number of grand jurors prescribed by law, there being present and acting a greater number than that requisite for the finding of an indictment, is not such a defect as vitiates the entire proceedings and compels his discharge on habeas corpus, though unnoticed by the prisoner until after trial and sentence.

If it be doubtful whether the defendant can, after trial and verdict, take advantage of such a defect by direct challenge, it is clear that the defect does not go to the jurisdiction, and cannot be taken advantage of by a collateral attack in habeas corpus.

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