TERRITORY v. HAMILTON

No. 2644.

39 Haw. 14 (1950)

THE TERRITORY OF HAWAII v. CARL COLUMBUS HAMILTON.

Supreme Court of Hawaii.

Decided October 24, 1950.


Attorney(s) appearing for the Case

R.R. Kemble (also on the brief) for plaintiff in error.

C.M. Hite, Public Prosecutor, and A.R. Hawkins, Assistant Public Prosecutor (also on the brief) for defendant in error.

LE BARON AND TOWSE, JJ., AND CIRCUIT JUDGE WIIG SUBSTITUTING FOR KEMP, C.J., RETIRED.


OPINION OF THE COURT BY LE BARON, J.

The defendant was charged by indictment with the crime of rape. He pleaded not guilty and on trial by jury interposed the defense of alibi. The jury within the authority of statute (R.L.H. 1945, § 11679, see § 10839) returned a verdict of guilty of assault with intent to commit rape.

An appeal by writ of error has been perfected. It specifies ten assignments of error, of which the defendant abandons one and relies...

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