Defendant, a Cherokee negro, who was known both by his father's name of Burns, and that of his former master, Alberty, was convicted of the murder of one Phil Duncan, at the Cherokee Nation, in the Indian Territory. The indictment alleged the crime to have been committed May 15, 1879, but it appeared by the evidence to have been committed in 1880.

Upon judgment of death being pronounced, defendant sued out a writ of error from this court, assigning a want of jurisdiction in the court below, and various errors in the charge to the jury connected with the law of homicide, and the inference to be drawn from the flight of the accused.

Wm. M. Cravens, for plaintiff in err r.

Asst. Atty. Gen. Whitney, for the United States.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.