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SUPREME COURT OF THE UNITED STATES. No. 162.—OctTosrr Term, 1933. The United States of America, Appeal from the District A . ppellant, Court of the United States . vs. . For the District of New Gregorio Chavez and Jose Maria Mexico Chavez. . (December 11, 1933.] Mr. Justice Van Devanter delivered the opinion of the Court. By indictment in the federal district court for New Mexico Gregorio Chavez and Jose Maria Chavez, described as ‘‘non- Indians’’, were charged with the larceny, on January 3, 1932, ‘‘at and within the limits of the Pueblo of Isleta, the same being Indian Country, in the State and district of New Mexico,’’ of certain live-stock belonging to designated Indians of that Pueblo. By a demurrer the defendants challenged the indictment as not stating an offense against the United States, and in support of the challenge asserted (1) that the Pueblo of Isleta is not Indian country within the meaning of the statutes whereon the indict- ment is founded, and (2) that, even if the Pueblo be Indian coun- try, larceny committed therein by one who is not an Indian is not within those statutes. The court sustained the demurrer, dis- missed the indictment and gave a certificate declaring in effect that the judgment was put entirely on the ground that when the statutes underlying the indictment are properly construed—and particularly when construed in the light of the act enabling New Mexico to become a State—they do not make larceny within the Pueblo of Isleta by one not an Indian, even of property belonging to an Indian, an offense against the United States, but leave the same to be dealt with exclusively by and under the laws of the Btate. The case is here on appeal by the United States under the crim- inal appeals law.* JAct of March 2, 1907, ¢, 2564, 34 Stat. 1246; U. 8. C., § 682, Title 18, and $345, Title 28; Acts January 81, 1928, ¢. 14, 45 Btat. 54, and April 26, 1028, «. 440, 45 Stat, 466, L2- 203L4-Y