Bray

The defendant was convicted of the crime of selling intoxicating liquor to an Indian, named Mary Smith, in violation of section 397 of the Penal Code, which, as amended in 1893 (Stats, of 1893, p. 98), reads as follows: “ Every person who sells or furnishes, or causes to be sold or furnished, any intoxicating liquors to any habitual or common drunkard is guilty of a misdeiheanor; or who sells or furnishes, or causes to be sold or furnished, intoxicating liquors to any Indian is guilty of a felony.” It was admitted upon the trial that the defendant furnished intoxicating liquor to the said Mary Smith, at the time and place stated in the information, and that she “ has no other than Indian blood in her veins.” It was further shown that her father and mother live in a house of their own, and their said daughter, Mary, resides with them; that the parents and daughter dress like white people, and have adopted the habits and customs .of civilized life; that the father of the said Mary owns a horse, wagon, household goods, and other property, and that neither he nor any of his family have ever lived upon a government reservation, “ nor have they ever lived in tribal relations, or under…