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NEGONSOTT – Appellant
Versus
SAMUELS, (1993) – Respondent


United States Supreme Court
NEGONSOTT v. SAMUELS, (1993)
No. 91-5397
Argued: January 11, 1993 Decided: February 24, 1993

Petitioner Negonsott, a member of the Kickapoo Tribe and a resident of the Kickapoo Reservation in Kansas, was convicted by a County District Court jury of aggravated battery for shooting another Indian on the reservation. The court set aside the conviction on the ground that the Federal Government had exclusive jurisdiction to prosecute Negonsott for the shooting under the Indian Major Crimes Act, 18 U.S.C. 1153, which encompasses 13 enumerated felonies committed by "[a]ny Indian . . . against the person or property of another Indian or other person . . . within the Indian country." However, the State Supreme Court reinstated the conviction, holding that the Kansas Act, 18 U.S.C. 3243, conferred on Kansas jurisdiction to prosecute all crimes committed by or against Indians on Indian reservations in the State. Subsequently, the Federal District Court dismissed Negonsotts petition for a writ of habeas corpus, and the Court of Appeals affirmed.

Held:

The Kansas Act explicitly confers jurisdiction on Kansas over all offenses involving Indians on In







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