Case library · The Domestic Dependent Nation
Killed During A Burglary
United States v. Antelope (1977)
Charge: First-degree murder, burglary and robbery (federal prosecution under the Major Crimes Act)Court: U.S. Supreme CourtState: IdahoDocket: The Domestic Dependent Nation
The facts
Tribal members broke into the home of an elderly woman on reservation land and killed her in the course of robbing her. Because they were tribal members and the crime happened on a reservation, they were tried in federal court. Federal law lets a killing during a burglary count as first-degree murder with no proof of planning. Had they not been tribal members, state law would have applied and the prosecution would have had to prove premeditation.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: United States v. Antelope, 430 U.S. 641 (1977)
Read more at supreme.justia.com. The source reveals the outcome.