Nagle

This is a writ of error from a judgment rendered in the District Court of Alaska, Division No. 1, against plaintiff in error, upon a charge of selling liquor to an Indian, namely, one Billie Hooker, contrary to the provision of sec *688 tion 142 of the Alaska Criminal Code of Procedure, as amended by Act Cong. Feb. 6, 1909, c. 80, 35 Stat. 600 . The trial was had October 26, 1910. Billie Hooker, being called as a witness, gave evidence tending to show that he was of the age of 25 years, being born at Wrangell, Alaska; that his parents were Indians of the Tldingit Tribe; that they had, for as long as he could remember, lived separate and away from the tribe; that he of his own accord had always lived separate and apart from the tribe, and briefly, in effect, that he had adopted the habits of civilized life.

The court was requested to instruct, in effect, that if Hooker was a descendant of one of the aboriginal tribes inhabiting Alaska when it was annexed to the United States, was born subsequent to the date of such annexation, and had prior to the date of the alleged sale of whisky to him voluntarily taken up his residence separate and apart from any tribe of Indians, and,…