The Hawaiian gazette., 1894-07-27
OPINION OF THE COURT BY JUDD, CD

OPINION OF THE COURT BY JUDD, CD.
The defendant was indicted at the
May Term, 1894, of the Circuit Court,
First Circuit, for murder in the sec
ODd degree in killing one James Kau-
hane on the 18th of February, 1894.
He was found guilty by the Jury and
sentenced. Before pleading, his coun-
sci, j. A. MagoOn, ESQ.,, moved to
quash the Indictment on several
grounds.
The indictment is as follows:
1.-THE Acknowledgement OF the Ha-
waiian Islands, on behalf OF the Pro-
visiOnal Government of the Hawaiian
Islands, upon his official oath, pre-
sents that Joseph Caecires, a foreigner
by birth, of Honolulu, in the island
of Oahu, at Honolulu in the island of
Oahu, and within the Jurisdiction of
this Honorable Court, on the nine
tenth day of February, in the year of
our Lord One Thousand Eight Hun
dred and Ninety-Four, with force and
arms, feloniously, wilfully and of his
malice aforethought, and without
authority, Justification or extenuation
by law did kill and murder one James
thereby commit the crime of ,murder
in the second degree contrary to the
form OF the statute in such case made
and provided,
And so the Attorney-G General afore-
said, upon his official oath aforesaid,
doth further say and present that the
said Joseph Caecires, foreigner by
birth, OF Honolulu, in the island Of
Oahu, at Honolulu in the island of
Oahu, and within the Jurisdiction of
this Honorable Court, on the nine
teenth day OF February in the year of
our Lord One Thousand Eight Hun
dred aud Ninety-Four; with force and
arms, in and upon one James Kau-
name, feloniously, wilfully and
OF his malice aforethought with
out authority, justification or extenu-
alton by law did make an assault with
a certain knife, and the said James
hauhane then and there did strike,
stab, cut, wound and beat, then and
there and thereby giving to the said
James kauhane certain mortal wound
or wounds, of which said mortal
wound or wounds the said James Kau-
hane, from the said nineteenth day OF
February to the twentieth day of said
February, at Honolulu aforesaid, did
suffer and laDguish, and languishing
did live, on which said twentieth daY
of February afOrr said, in the year
aforesaid, at Honolulu aforesaid, he,
the said James Kauhane, OF the
wound or wounds aforesaid, died.
And so the Attorney General afore-
said, upon his official oath aforesaid,
doth say and present that the said Jo-
seph Caecires, him the said James
Kauhane in manner and form afore-
said, then and there, feloniously, will
fully and OF his malice aforethought,
and without authority, justification or
extenuatiOn by law, did kill and muir
der, and did then and there and there
by commit the crime of murder in the
second degree, contrary to the form Of
the statute in such case made ard pro-
vIded."
The motion to quash is as follows:
Now comes defendant in the above
entitled cause by his attorney ].
Alfred MagOOn, and moves to auash
the indictment therein for the rea-
sons.
lst. That it is not alleged in said
indictment that the defendant did
strike, stab, cut, wound and beat
James Kauhane.
I'd. That it is not alleged in said
Indictment that the wounds of which
said Kauhane died were inflicted by a
knife in the hand Of and welded by
defendant.
Sd. That the description of the
crime OF which defendant is charged
in said indictment is murder in the
second degree, whereas the said in
dictment purports to be for murder in
the second degree.