The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-11-13
OPINION OF THE COURT BY WHITING, j.

The defendant was charged Hawaiian language, with
embezzemen before the District Magistrate of llhue Kauai
and pleaded guilty and sentenced to eight months I'M
prisonment.
Defendant appealed Fifth Circuit Court, in which
Court the case being calendar the defendant sought
plea guilty Withdrawn and be allowed to plead
and have trial the merits; defendant also claimed
that he ought as matter right trial de de
PENDANT claimed that oense charged which
Judgment could be entered and sentence passed
The defendant made several motions which overuled
and exceptions taken and allowed, and set forth IN his Bill
of Exceptions.
1s Ercepton The decision order and Judgment of the
Circuit Court in refusing quash the charge and CONVICTION
and the defendant and contrary law
that, the conviction vod the oense of embezzement
being charged in the District Court the defendant could
not though pleading guilty because he plead
guilty oense crime in law, and the sentence abso
utely void
The defendant submits that the plea of guilty conees only
properly charged and if the charge defective that
forth criminal oense then conviction follow
and the Judgment void and no sentence could legally be
passed thereon
charge claimed detective in that conversion
of goods set out statutory oense neither lar
ceny charged that it forth merely
that defendant the goods and converted them his
se that no felono or fraudulent alleged
felonouy and 'frauduently necessary make
embezzement; that without these words there is
merely conversion for which civil action only les that there
the charge that defendant did feOniousy
embezzle the goods that he feloniousy stole them
1t IS unnecessary cite authorities to the effect that plea
of guilty only confesses oense which properly and sut
GENTLY charged and if oense be charged, then
vcton be had passed, for the law we'll estab
It is therefore necessary to ascertain whether the defendant
duly charged with the ofense of embezzement
The charge made in and all pleas the trial. and proceed
ng in the Hawaiian language of which the defendant
but he ignorant of the English language
The charge is follows--
mo hewa he Aihue ka waiwai haaw1 la e
maIama Ola hoi wawai All Chuck (p) he lole
anahna, kukaenao opi PHI lole ka waiwai 10
he Uni Kumamaiwa 5O1OO dala. Ia waiho ia keia
wawai ma ka lima ka hoopia hama alaia hoiho
mai ka ka waiwai mamu ka hooponopono ana
ka la 10 Feberuar NJ III. 1896 Kapaia Apana Lhue
Mokupmi Kauai Aka lave ka hoopiia kela
waiwai ponoi tho aoe hoihoi aku ka ka
waiwai Kue Ike Kanawai Mokma IS, Pauku 3 Ike Kama
wal Hoopai Karaima"
This is with the explanatory words in the identical
Section l. which is as follows:-"NO KA AIHUE KA Wal
Wal [ HAAWIIA MAI E MALAMAIA."
Tina haawa kekah waiwa kekahi kanaka malama
hoomalu paha me ka ae ka mea mana ia waiwai nei,
hoolo ola kela wawa iho hal paha, aoe ka
ka wawa hewa ola no kOna lave vale ka
waiwai haawiia malama"
Sec l. Chap. 49, Penal Code defines ENLIGHTENMENT and
See fixes the penalty.
The first few words of the charge important vizNo
kona hewa'tha he (he defendant is guiy"he ahue ka
wawai haawa maama, of embezzenent; the latter
clause he aihue &C. the Hawaiian version of the criminal
oense embezemen and used the head of the Chap
(18 Penal Code) the title, "Embezzement."
The English version follows: Penal Code English Chap
ter IS, 'Embezzlement."
Section eff any person. who is entrusted WITH has
the control custody keeping of thing of value
of another by the authority direct indirect of
such other without the and against the will of the
owner faudulenty sposes of the attempts
dispose of the his and benefit
the and benefit OF another than the person
entitled thereto he guilty of embezzement of such thing
In the Hawaiian version there definite word the
equivalent of the English word fraudulent in the place where
used but the aWaan version however the oense
of embzzment the defendant the translation of the charge
furnished him. simply defines translates the word ahue
"eal this correct fuller and broader
meaning when used in the Hawaiian version of the Penal Stat
utes includes all the necessary elements of larceny where
feloniousy or rauduently may be used in the English