CRM/LAW C144 Chapter Notes - Chapter HICKS V UNITED STATES: Canter And Gallop, Jury Instructions

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John hicks, an indian, was jointly indicted with stand rowe, also an indian. Underlying facts, the actual crime that took place. Indicted for the murder of andrew j. colvard, a white man, by shooting him with a gun on february 13, 1892: the previous day, there was a dance at the house of jim rowe, in the cherokee. Stand rowe, jim"s brother, and defendant were eluding the us marshalls and were armed for the purpose of resisting arrest. They appeared at the dance, each armed with a winchester rifle; they were both cherokee indians. The deceased, andrew j. colvard, was a white an who had married a. Cherokee woman; he was also at the dance. A good deal of whiskey was drunk during the night by the persons present, and colvard appears to have been drunk at some time during the night.

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