Miranda
People v. Miranda
Opinion
Opinion
Defendant, an Indian, was charged with acts of arson which were committed on Indian land. The trial court concluded that the California courts had no jurisdiction under such circumstances. We reverse.
Title 18 United States Code Annotated section 1153 provides exclusive federal jurisdiction for the prosecution of arson committed by an Indian on Indian land. However, that section is inapplicable to California. Title 18 United States Code Annotated section 1162(c) provides that “[t]he provisions of sections 1152 and 1153 of this chapter shall not be applicable within the areas of Indian country listed in subsection (a) of this section as areas over which the several states have exclusive jurisdiction.” Listed in subdivision (a) of 18 United States Code Annotated section 1162 are six states, one of which is California. That section provides that California “shall have jurisdiction over offenses committed by or against Indians in” all Indian country within the state “to the same extent that such State ... has jurisdiction over offenses committed elsewhere within the State ...,…