Territory of Hawaii v. Ah Quong

OPINION OF THE COURT BY

FREAR, C.J.

This is a petition (under Laws of-1892, Ch. 57, Sec. 74, Civ. L. Sec. 1438, as amended by Laws of 1898, Act 40, Sec. 2) for this court toi allow exceptions which the Circuit Judge is alleged! to have refused to allow or sign.

The defendant was indicted for rape. He pleaded a former conviction. The prosecution replied. The defendant demurred' to the replication. The trial judge overruled the demurrer and plea and sustained the replication and held that the defendant must stand ready for trial. The defendant excepted and the exception was allowed. He presented a…