Louie, an Indian, was indicted under section 273 of the Penal Code (Comp. St. § 10446) in the District Court of the United States for the District of Idaho, Northern Division, for the murder of another Indian within the limits of the Coeur d'Alene reservation. A motion to dismiss for want of jurisdiction was overruled and the defendant was tried and convicted. By motion in arrest of judgment, he objected in terms to the jurisdiction of the court over the person of defendant and over the crime charged on the ground that before the time of the alleged crime he had been declared competent and the land on which the crime was alleged to have been committed had been allotted and deeded to him in fee simple. Compare United States v. Celestine, 215 U.S. 278, 30 Sup. Ct. 93, 54 L. Ed. 195. This motion also was overruled, the defendant was sentenced, and the case was taken on writ of error to the United States Circuit Court of Appeals for the Ninth Circuit. That court, one judge dissenting, dismissed the writ of error for want of jurisdiction on the ground that, since the sole question presented was whether the District Court had jurisdiction, its decision could be reviewed only by direct writ of error from this court to the District Court. See United States v. Jahn, 155 U.S. 109, 114, 115, 15 Sup. Ct. 39, 39 L. Ed. 87. Compare Raton Waterworks Co. v. City of Raton, 249 U.S. 552, 39 Sup. Ct. 384, 63 L. Ed. 768. The dissenting judge was of opinion that the Circuit Court of Appeals had jurisdiction of the writ of error, because an additional error relating to the merits had been assigned there, although not raised below. 264 Fed. 295. A writ of certiorari was granted by this court. 253 U.S. 482, 40 Sup. Ct. 587.