The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-09-22
OPINION OF THE COURT BY JUDD. c. ].

COURT JUDD, c. j.
The defendant tried for the oense of seduction the
August 1895, of the Circuit Court First Circuit in which
the jury disagreed and second trial in said Court the
next term thereof ovember found guilty and sentenced
the 30th of November Within SIX months to-wi on the
14th May 1896 writ of sued by the defendant
The assignments of
That the prosecuted in the and by
the authority of the Republic of Hawaii required by Sec g.
Art 80 of the Constitution but prosecuted by private
sell and does appear the record that authorized
by the Attorney General.
The case entitled in the District Court where originated
the "RepubIic of Hdra Edoard Woodward is there
fore prosecuted the of the Republic Private counsel
prosecuted They noted the minutes or the pros
ecuon in court and assisting the prosecution in
another The authority of the Attorney General the rep
resenave of the Republic must be presumed to have been
given The question raised here whether prosecution
may be instituted against the will of the Attorney General
We find error here.
All the remaining assignments are various parts
of the charge of the Court and rulings made during the trial
Counsel the prosecution moved that these assignments be
quahed the ground that of the alleged be
made the subject of writ of unless embodied in bill of
exceptions drawn up within the time fixed by statute rules
of Court and signed by the Judge, which done in this
Undoubtedly this method is convenient and would give
the Appellate Court concise form the exact questions sought
be raised, and it sustained by authority. See PoloeH
appellate Proceedings See 61 But having defining
wrs of error Chap XCV Laws of 1892 it must control
Section of this Act reads For all purposes of this Act the
record shall be deemed include all peadngs motions, notes
bills of exception exhibits clerks magistrates of
proceedings, and desired by the plaintiff trans
crpt of the evidence in the case"
We dono all sustain the proposition that counsel stand
by and without objection allow the Court commit of
law and them if in time and the judgment be not
ecued ask the Appellate Court to correct the alleged errors
But by the exceptions properly noted and allowed may
be considered part of the record upon which writ of
may be based though brought into the form of bill and
certified by the Judge.
Upon the same reason the charge the Court any part
thereof duly excepted may be made part of the record
upon which may be assigned Sec of Chap LVL of the
Laws OF 1892 makes the charge instructions OF the Court
part the record may be argued that this statute having
relation the Statute of Error would be sufficient of
itself bring charge of the Court into the record for the
purposes of 1t certainly may become when exceP
ton it is noted under the Writ of Error Act. In
Sergeant Rawe D. 29S DOlning Bdld0n, holds that the
Legislature having required charge of the Court be made
writing and be filed with the record in the super
edes the necessity of bill of exceptions In this case Chief
Justice Tghman says the Act of the Assembly directs the
opinion OF the Judge be fled of record becomes then
part of the record and being the Superior Court of
take notice of it. An opinion fled by positive
command of law is of the body of the record and
remain.
have carefully reviewed the charge of the Court and the
various assignments made upon We need only advert
Evidence introduced by the defense of repeated of
sexual with several persons within year
prior the alleged seduction This if believed would show the
chaste character of the prosecuting witness prior the
upon which the prosecution based In rebual she denied
the of sexual intercourse but offered evidence show
that she had reformed The charge of the Court upon this
ter follows
MANY of the statutes making seduction criminal in other
require in addition the provisions contained in
statute that the seduced shall be of caste character
This have been purposely omitted from statute
but the question of chastity of the prosecuting witness always
more involved in prosecutions for seduction For instance
apparent every that prostitute could not be educed
The law made protect the chastity of those who trying
to live properly
by the expression chastity of the complaining witness
have had sexual intercourse with any prior the
alleged seduction It would violate the spirit well the
language of the hold that should be
entitled its benefcent protection, who at time in her