The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-06-17

shall be so stated in the notice Of appeal appeals upon
points may be made either the Circuit Court of the
Circuit the Supreme Court" dc. The point of
law that the charge did the passed upon
bv the Magistrate decision upon How then
there be al appeal taken upon the point!
The subject Of this method of correcting of made
District Court by appellate novel in this
try subject of considerable discussion in this Court
Afong KddIe Iaw. 521, said that the prac
tce taking appeals follows: The points of law,
they by the party during the trial and
by the Police Justice in his minutes need be resaed
by the Justice separate paper If they appear the
minutes, that IS sufficient"
eff the points on which appeal based made
during the trial noted the minutes, they
must be reduced writing he presented the Police Jus
tce within days allowed for perfectng the appeal In
way alleged of law made % during the trial as well
as % decision, be taken the appellate
court But from nothing decision be inferred that
point law passed upon by the Magistrate be taken
to an appellate appeal IF any error defect omission
in the socaed District Court be thus taken
up why required by Rule that the point be presented to
Magistrate his cercaion? He says by the certificate
that such and such point decided in his In the
case before such certificate and could be
obtained point passed upon in the lower court
There may other methods by which of the character
complained Of in this be taken up but they cannot be
by an appeal upon points law Where the appeal IS not
general restricted points of law there must be
judicial action by which appeal Inquiry into
practice District Courts will accentuate the business
Of the conclusion we have arrived person brought before
the court charged orally with oense. No statute
oures the charge writing The Magistrate takes down
as much of particulars charge he deems sufficient
The charge Indictment The defendant
is at liberty charge be made specific When
the Magistrate that the defendant understands the
charge he asks him plead The presumption is that the
defendant understands the charge before pleading.
Magistrate of opinion that the defendant under
charge took his plea of guilty thereon what
charging existing the ocaled record of
when neither the defendant the prosecutor the
had such omission in mind? This would dignity the
and cothe it with the formae
of an Indictment in court IF indictment
this case being apparent its face would
advantage of by demurrer motion quash
pleading after See 49, Grim Procedure Act
Comp Laws p 347 To hold that appeal lies point of
defendant did make objection the charge
before pleading raising this point would only require the
charge be particular Indictment but charge would
deprived of the advantage of the requirement he
not providing M objection be made before pleading
so as to allow of amendment Tt has been uniformly held fol-
lowing Ginghan, Haw. $50, that proceedings in
Magistrates appeal be regarded with less echni
precision than Indictment The present only
requires that the Magistrate preserved in written detail the
and proceedings of their trials transactions and ud
the testimony and the facts upon
which their decisions rest Sec 49, Act 81 Laws of 1892
The appeal is dismissed
Z. p Dole Deputy AHorneyGeaeroT for the prosecution
j. r. De Bolt for defendant
BY JUSTICES FREAR AND WHITING
We the foregoing conclusion upon the first
grounds stated but express opinion the third ground
relating to the right of appeal