The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-02-13

there testimony n
OPINION OF THE COURT FREAR j.
The defendant the District Court
of Honolulu and again, appeal in the Circuit Court First
Circuit charge of sexual intercourse with female under
fourteen years of age The this court
exceptions which raise the questions of O the suclency OF
charge (2 the conutonay of the statute under which
the charge made 3 the admissbiy of certain evidence
and az of instructions requested but
refused.
The charge and jury in the Circuit
Court by the Deputy Attorney General who prosecuted the
case in that court as follows &c G. Parsons charged
violating Chapter Penal Code Honolulu
the Island of Oahu and within the jurisdiction of this court
and particularly October 10TH 1885, for that he did
during such time and such place and said date have
unlawful sexual intercourse with female under the Of
years wit with Consancia Rodrgues" The charge
forth in substantially the words the record sent
from the District Court the appeal and the there
entitled The Republic of Haioai O. g. Pdrsons Sec 9,
Ch 49, Penal Code, under which the charge made
follows: whoever shall be convicted before police
district justice of the kingdom now repubic) of having sexual
carna intercourse with female of this kingdom epubc
age of fourteen years. shall be imprisoned
The objections the charge to have been raised for
the first time by demurrer In the Circuit Court and are the
following That does appear that the charge was made
the prosecution carried in the and by the authority
Of the Republic OF Hawaii or that the said female was
human being, that she of this Repubc that said
&C. g. Parsons is male person. that said c. g. Parsons
and said female husband and wife, that Honolulu
the island of Oahu the Republic of Hawaii; also that
sufficient aege that the oene committed Eat
Honolulu without describing the particular house place in
Honolulu or to aege that She alleging that che,
G. g. Parsons did have unlawful sexual intercourse to
aege the wear in figures without prexing GA also that
is uncertain whether the "aid date the the 18th
degree of particularly required in charge
in district required in formal Indictment and
opinion the charge in question sufficient and
foruty with the long established practice the district
of these islands See Proc Gort Herring Haw 49, The
King Lurn Hung, Haw 344; Republic All Cheon, ante,
1863; woodward u. Republic, ante, 49,
exception chiefly relied that which raises the
consttutionaly of the under which the
charge made The contention that the statute is in
of the Constitution of 1864 then in force
provided that every law shall embrace but object
shall be expressed in its title The is that
question, Sec O. Ch Is of the Penal Code of
1869 first enacted in 1864 Act to Amend Chapter
18th of the of 1850 that the title of this amend
story act does not comply provision
refers merely the chapter of the amended and
sns neither suggestion of the nature the matter
amendatory the title of the amended and that
did forth the full title of the alleged amended
namely, Chapter Kill Polygamy
IncestSodomy it would be insufficient because that title is
broad the object of the amendatoy act
which relates sexual intercourse with female under four
years of We need express opinion to how
far this would hold good if the charge made
under the Act of 1864 We merely suggest this point the
question whether the amended referred in the title of the
amendatory the Penal Code itself the title of which
broad enough the matter of the amendatory act
Chapter 13 being merely subdivision of the Code dis
tinc law by itself and not having title within the meaning
of the constitutional provision See Gt Terds &C. Co.,
Tex 1876; People Pdrrin "A Cal $40; johnson Hdr
riso, At Mimi. But the charge made under the
Act of 1864. 1t made under the Penal Code and this
compilation of laws 1t such first compiled
OF the Act of June % 1865 and as argued by
counsel the fact that the compe inserted the amendment of
1864 in the compilation gave that amendment additional
force But by the Act of July 1870 the Penal Code
piled declared be the law of the land 1t is true,
suggested counsel that the Act of 1870 enacted law the
Penal compiled n conformity with the Act of 1868
the Act of 1868 provided for the compilation of
the penal force the end of that session of the eis
Iature but the words conformity with inserted
purpose of excluding provisions which the comper
might have regarded laws in force but
in the sense OF n pursuance of and for the purpose identi
fyng compilation referred That the legislature intended
TO enact compilation Code having the force of law
G i,1f manifest What other object was there The title
of the bears this construction 1t is AN act to