United States v. Allard
United States District Court for the District of Montana
397 F. Supp. 429 (1975)
- Written by Kyli Cotten, JD
Facts
Doug Allard (defendant), a member of the Confederated Salish and Kootenai Tribes of the Flathead Reservation, created and sold bonnets that contained golden-eagle feathers. The United States government (plaintiff) charged Allard with the crime of selling golden-eagle feathers in violation of the Bald and Golden Eagle Protection Act. At trial, Allard sought to assert the defense that his use of the feathers was part of his tribe’s custom. The district court excluded such evidence, and the jury subsequently convicted Allard of the charges. Allard filed motions in arrest of the judgment and for a new trial, claiming that the Treaty of Hell Gate precluded the government from bringing the criminal action against him.
Rule of Law
Issue
Holding and Reasoning (Smith, C.J.)
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