Horace Harmon Lurton

“ The third and fourth errors assigned are for overruling an objection made to the sufficiency of the indictment and to the admission of any evidence because the indictment was bad. No such objection is shown by the record. The indictment is not in form bad nor vague, but charges the crime of murder with great particularity. There seems to have been no reason for doubt as to the crime charged. Besides, objections of this character cannot be made upon writ of error for the first time. ”

“ But the crime charged in this indictment was one against the United States. By § 5339 of the Revised Statutes (U.S.C.omp. Stat. 1901, p. 3627) , as amended by the act of January 15, 1897 (29 Stat. at L. 487, chap. 29, U.S.C.omp. Stat. 1901, p. 3620) , the crime of murder, when committed within any 'place or district or country under the exclusive jurisdiction of the United States,' is defined and the punishment provided. ”

“ It was not so prosecuted, and when the territory ceased to be a territory, and became a state, the jurisdiction of all such courts terminated, and jurisdiction was properly transferred to the courts of the United States having jurisdiction over the place of the crime.
There are a number of errors assigned. The first and tenth are for error in denying a new trial. The granting or denying of a new trial is a matter not assignable as error. ”