The Hawaiian gazette., 1876-11-15

guilty of the felony or misdemeanor charged but
is guilty OF an attempt to commit the same, and
thereupon such person shall be liable to be pun
ished 10 the same manner as If he had been con-
victed upon an indictment for attempting to
commit the particular felony or misdemeanor
charged in the indictment, aud no person so tried
as herein lastly mentioned shall be liable TO be
afterwards prosecuted for an attempt to commit
the felony or misdemeanor for which he was 80
tried
Sec. 80. II upon the trial of any person for
any misdemeanor il shall appear that ths facts
/ given 10 evidence amount IN law TO a felony,
such person shall not BY reason thereof be eu-
titled to be acquitted for such misdemeanor. and
40 person tried for such misdemeanor shall be
liable TO be afterwards prosecuted for felony on
the same facts, unless the court before which
said trial may be had shall think fit. in its dis
cretion, to discharge the jury from giving any
verdict upon such trial and to direct such per-
sou TO be proceeded against for felony. in which
case such person may be dealt with ia all respects
as il he had not been put upon his trial for such
msdemeanor.
Sec. 81. Under any Indictment for robbery.
larceny. or auy other offence of more than one
degree, the jury may, when the evidence will
not warrant verdict OF guilty in the degree for
which the prisoner is indicted return a verdict
for any lesser degree OF the same offence.
Sec 50. IL ON the trial of any person charged
with the offence OF rape or sOdomy or with the
offence Of ravishing carnay abusing any girl
under the age Of tea years or with having sexual
or carnal intercourse with any female OF this
Kingdom under the age OF fourteen years. the
jury shall not be satl6ed that be is guilty there
Of but shall be satisfied that he is guilty thereof,
| but shall be satisfied that be is guilty Of an
/ sault with intent 10 commit the same, then the
| Jury may return as their verdict that he is not
| guilty OF the offence charged and may find
him guilty OF an assault with intent to commit
/ the same.
| Sec. 50. If upon the trial of any person upon
any indictment for robbery it shall appear 10 the
| Jury that the defendant did not commit the
crime OF robbery, but that be did commit an as
ssult with intent to rob, the defendant shall not
by reason thereof be entitled to be acquitted
but the jury shall be at liberty to return as their
verdict that the defendant is guilty Of an assault
with intent to rob, and thereupon the defendant
shall be liable to be punished 10 the same man
ner as it he had been convicted upon an iudct-
ment for felOniously assautiug with intent to
rob, aud no person so tried as before lastly men
toned shall be liable to be afterwards prosecuted
for assault with intent to commit the robbery
for which he so tried.
Sec. "a. II upon the trial Of any person in-
dicted for ENLIGHTENMENT it shall be proved that
he took the property in question in any such
manner as to amount IN law to larceny he shall
not by reason thereof be entitled to be acquitted.
but the Jury shall be at liberty to return as their
verdict that such person is not guilty of embezzle
ment, but is guilty Of larceny, aud in either de-
gree aud thereupon such person shall be liable
to be punished in the same manner as il he had
been convicted upon an indictment for such
larceny in the degree found and if upon the
trial Of any person informed against for larceny
il shall be proved that he took the property in
question in any such manner as to amount in
law to embezzlement he shall not by reason
thereof be entitled to he acquitted, but the jury
shall be at liberty to return as their verdict that
such person is not guilty of larceny but is guilty
Of embezzlement, aud the charge thereof aud
thereupon such person shall be liable to be pun
ished in the same manner as if he had been con-
victed upon an indictment for such embezzle-
msnt in the degree found or larceny aforesaid
shall be liable to be afterwards prosecuted for
larceny or embezzement upon the same facts.
Sec. 55 II upon the trial Of any person in
dieted for obtaining property by false pretences.
it shall be proved that he obtained the property
in question in any such manner as to amount in
law to larceny, he shall not by reason thereof be
entitled to be acquitted. and no person tried for
such mlsdemeanOr shall be liable to be afterwards
prosecuted for larceny upon the same facts.
for larceny it shall appear that the property al
legged IN such indictment to have been stolen at
one time was taken at different times. the pro-
secutOr shall not by reason thereof be required
TO elect upon which taking he will proceed, I'M
less it shall appear that there we're more than
three takings, or that more than the space OF six
months had elapsed between the first and the
last of such takiugs, and in either Of such last
mentioned cases the prosecutor shall be required
to elect to proceed for such number of takings
not exceeding three as appear to have taken
place within the period Of six months from the
first to the last of such takings.
Sec. 81. II upon the trial Of two or more
persons indicted for jointly receiving any pro-
perty it shall be proved that one or more OF
such persons separately received any part or
parts of such property it shall be lawful for the
jury to convict upon such indictment such Of the
said persons as shall be proved to have re-
ceived any part or parts of such property.
Sec %. Where any indictment containing
two or more counts both for felOniOusly stealing
and OF receiving shall have been preferred against
any person, the prosecutor shall not be put to
his election, but it shall he lawful for the Jury
who shall try the same to find verdict of guilty
either of stealing the property or Of receiving
the same or any part or parts thereof knowing
the same to have been stolen and if such in.
dictment shall have been preferred against two
or more persons 1t shall be lawful for the Jury |
who shall try the same to find oil or any OF the |
said persons guilty either Of stealing the pro-
perty or of receiving the same or any part or
parts thereof knowing the same to have been |
stolen, or to fnd one or more Of the said per-
sons guilty of stealing the property and the /
other or others Of them guilty of receiving the
same any part parts thereof knowing the |
same to have been stolen.
Sec. 3d. If upon the trial Of any person for l
being concerned in a riot or unlawful assembly 4
as described in Section 10 of Chapter 80 Of the
Penal Code, the jury shall not be satisfied that
such person is guilty thereof but shall be sat-
SIZED that he is guilty of any mlsdemeanor
IN the Section next preceding Sec
lion 10, then the jury may return as their YER
iict that be is not guilty Of the offence charged,
put is guilty Of such m;sdemeanor and he may
De punished accordingly
Sec. go. Under an indictment for murder or
nanslaughter the jury may return a verdict of
nanslaughter in either degree or for assault aud
battery as the facts proved will warrant.
Sec. 81. Where upon the trial Of any person
charged with the offence of adultry, sufficient
roof Of marriage shall not be adduced such per-
on shall not therefore be acquitted. bat the
onrt or jury before whom such party is charged
nay if the facts proved will SO warrant find the
ccused guilty Of fornicaton, and such accused
'erson shall thereupon be punished accordingly.