The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-06-17
OPINION OF THE COURT BY JUDD, CT.

The defendant was charged the District Court of Honolulu
as taken down by the clerk of said court, follows:
The Republic District Court of Homo
lulu, Island Of Oahu, Saturday January %, 1898.
Charged with violating Section IS Provisional
during week prior January %, 1898, by
conducting and maintaining certain banking to wit
Russian War; which money something of value IS lost
II
He plead guilty and was duly sentenced Thereafter he
appealed to this Court points of law as follows:
this appeals from the judgment herein
10 Supreme Court of the Republic of Hawaii, the
following points of law, to wit:
charge made and entered herein against defendant
facts sufficient constitute crime ofense
or any violation of any statute of the Republic of Hawaii
charge does definitely the time when the
alleged violation Of the mentioned in said charge
ed as required by date time being given
That charge place where the alleged
violation occurred any place. that it occurred
within Honolulu within the jurisdiction of the
of Honolulu That said charge does not state
facts sufficient Magistrate said District Court
had jurisdiction render said judgment any Judgment what
ever That defendants alleged plea of guilty herein
and is void legal effect whatever. That said
Judgment and absolutely null and void. That defendant
appeared herein before Magistrate in said District Court
upon said charge and without counsel attorney
Defendants relies upon the failure state the
contends that the plea of guilty only conses such %
1ictional facts 5 we'll pleaded
The Deputy Attorney e. p Dole) referred
Section - Regulate Criminal Procedure, Comp
Laws D. 341 which reads: t shall not be to state
any venue body any Indictment but the jurisdiction
named margin thereof shall be taken to be the venue for
all the facts stated body such Indictment; provided that
in cases description hereafter shall be required
such local description shall given in the body of such indct
lnent."
charge up has the caption, District Court Of
Honolulu Island Oahu and this in the upper margin
Moreover defendant should have objected the omission
10 state the venue by quah by asking for
specific charge pleading guilty 1t could then have been
amended ampied The Act of Criminal Procedure
vides Comp. p $40 that every objection to
Indictment any apparent the face thereof shall
be taken motion quah such Indictment before
the accused pleaded and afterwards and the court
order amendment BY analogy, this rule should be applied
to criminal charges made in the district courts.
After the argument of this case, requested counsel to
present their views upon the question whether this
which could properly be raised upon appea on points of
law" and this consider.
Words stating the place where the ofense committed
were left out the charge written in the minutes but the
defendant pleaded guilty and duly sentenced Within ten
DAYS thereafter counsel took appeal from the Judgment the
Sree Court on points law the point relied upon being
that there was no venue what appealed from
II was not the action of the finding him guilty upon his
confession nor was the imposition of the punishment being
erroneous or excessive The allows appeals from the
District Court to the Circuit Court where trial de be
had It also allows appeals solely points Of ao to the
supreme Court But these appeals from the decisions OF
the District Court stands is in Act 81 of Laws
Of 1896 as follows nd further provided, that any appeal sole
" upon points of law from decision of District Magistrate