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SAPIENZA v. CHIEF OF POL. PAUL, ET AL.

No. 3081.

42 Haw. 14 (1957)

MAURICE SAPIENZA v. ANTHONY R. PAUL, CHIEF OF POLICE OF THE COUNTY OF HAWAII, TERRITORY OF HAWAII, AND YOSHITO TANAKA, COUNTY ATTORNEY OF THE COUNTY OF HAWAII, TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided April 29, 1957.

Attorney(s) appearing for the Case

Benjamin Menor, Deputy County Attorney of Hawaii County (Yoshito Tanaka, County Attorney, Hawaii County, with him on the briefs), for respondents-appellants.

Maurice Sapienza (also on the brief) for himself, petitioner-appellee.

RICE, C.J., STAINBACK AND MARUMOTO, JJ.

OPINION OF THE COURT BY RICE, C.J.

This case has come to us by appeal from the circuit court, third circuit, Territory of Hawaii. Involved is a question of the sufficiency of the petition of the petitioner-appellee, hereinafter referred to as the appellee, to entitle him to a writ of mandamus and whether the writ which was issued by the circuit court upon said petition was properly so issued. However, the real issue is whether

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