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APAPAS V. UNITED STATES, 233 U. S. 587 (1914)

U.S. Supreme Court

Apapas v. United States, 233 U.S. 587 (1914)

Apapas v. United States

No. 746

Argued April 8, 1914

Decided May 11, 1914

233 U.S. 587


The right of direct review by this Court of a judgment of the district court under § 238, Judicial Code, depends upon whether the question of jurisdiction only is involved or whether the case involves the constitutional or federal question.

This Court cannot review directly the judgment of the district court on the question of jurisdiction under § 238, Judicial Code, when under the writ of error the whole case is brought up and there is no certificate as to the jurisdiction as required by § 238.

When the constitutional question was not raised in the court below, this Court cannot directly review the judgment of the district court under § 238, Judicial Code. Itow and Fushimi v. United States, ante, p. 233 U. S. 581.

Murder committed by Indians on a United States Indian reservation is a crime against the authority of the United States, expressly punishable by 328, Penal Code, and within the cognizance of the federal courts without reference to the citizenship of the accused.

Every objection to the admission of a statement or confession of the accused cannot be regarded as involving the construction of the Constitution merely because that instrument was referred to when, in substance and effect, there was no controversy concerning the Constitution, but only a contention as to the method of procedure.

The facts, which involve the jurisdiction of this Court to review judgments of the district court under § 238, Judicial Code, are stated in the opinion.

Page 233 U. S. 588

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