Legal Opinion

The King v. Cornwell

Hawaii Supreme Court

Decided July 15, 1869PublishedCited by 9 opinions

Complaint under Chapter 87, Penal Code, for levying a common nuisance by obstructing a certain public highway upon the Island of .Maui, by erecting or maintaining fences across the said highway. At the trial before the Circuit Court at Lahaina, at the last June Term, the jury rendered a verdict of guilty. The defendant’s exceptions are set forth in the opinion of the Court.

1Opinion of the Court

Hartwell, J.:

We will first consider whether the Circuit Court properly declined to entertain the defendant’s motion for a new trial. This question arises now for the first time, although the jurisdiction seems to have been conceded by the practice of the Circuit Courts in hearing, and uniformly overruling, such motions, on which the Appellate Court finally passes.

The English and American rules differ in regard to new trials. It is the rule in England, never to grant a new trial, on the merits, in cases of felony, and that in no case has an inferior Court this power, unless for irregularities.…

2Cases cited1 opinion

  1. Porter v. RummeryMassachusetts Supreme Judicial Court · 1813

3Cited by9 opinions

  1. Bright v. QuinnHawaii Supreme Court · 1911
  2. Matsumura v. County of HawaiiHawaii Supreme Court · 1909
  3. Application of BanningHawaii Supreme Court · 1992
  4. Republic of Hawaii v. TokujiHawaii Supreme Court · 1894
  5. Provisional Government v. GertzHawaii Supreme Court · 1893

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