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Show CONVICTED OF MURDER, DBSCHARGED BY COURT Stato and Federal Courts Fail to Agree on Point of Jurisdiction, HELI3NA, Mont. Sept. 22.-John Tully, a Fort Missoula soldier who two years ngo In a fit of Jealousy shot and killed John Kennedy, a fellow soldier, was tried In tho Stato court, convicted of murder In tho first degree nnd sentenced to dlo upon tho gallows, but who secured a new trial from tho Supremo court on the ground that tho crime was committed on a military reservation, henco tho Stato courts had no Jurisdiction, wns discharged dis-charged from a custody In tho United State.-? court today by Judge Edward Whitson. Is Regularly Indicted. After Tully's case was removed to tho Federal court ho was regularly Indicted for murder by tho grand Jury nnd his attorneys at onco ralBOd tho question of tho Jurisdiction of tho court. Judgo Vhitson sustained this point, holding In effect that tho place whero Tully killed Kennedy was never a military reservation. reserva-tion. As Tully has once boon In Jeopardy ho cannot again bo tried for murder In tho first degree. |