Wheeler United States - 159 U.S. 523 (1895)


U.S. Supreme Court

Wheeler United States, 159 U.S. 523 (1895)

Wheeler United States

No. 571

Submitted October 24, 1895

Decided November 11, 1895

159 U.S. 523

Syllabus

An indictment for murder in the Eastern District of Texas which alleges that the accused and the deceased were not Indians nor citizens of the Indian Territory is sufficient, without the further allegation that they were not citizens of any Indian tribe or nation.

The overruling a motion for a new trial is not assignable as error.

A boy five years of age is not as matter of law absolutely disqualified as a witness, and in this case, the disclosures on the voir dire were sufficient to authorize his admission to testify.

The case is stated in the opinion.



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