In re Piipiilani
Hawaii Supreme Court
Questions Reserved by Judd, C.J. On behalf of the prisoner, it was contended that the judgment which restrained the petitioner’s liberty, as alleged, is absolutely void. First, it omits an essential statutory term (spirituous) of description necessary to constitute the real qature of the subject matter required by the statute; second, it punishes a man for an act which is not a crime.
Read the full summary
Questions Reserved by Judd, C.J. On behalf of the prisoner, it was contended that the judgment which restrained the petitioner’s liberty, as alleged, is absolutely void. First, it omits an essential statutory term (spirituous) of description necessary to constitute the real qature of the subject matter required by the statute; second, it punishes a man for an act which is not a crime. The Court has transcended its power by striking out or omitting a material wmrd or term which describes the real nature of the subject matter called for by statute under which the defendant was found guilty. “…
1Opinion of the Court
Opinion of the Court, by
Preston, J.
This matter came before the Court on questions reserved by the Chief Justice under the following circumstances:
On the 5th of April last, application was made to the Chief Justice, sitting in Chambers, on behalf of one Piipiilani, then in custody under an alleged conviction for selling spirituous liquors without a license. A writ was issued, and on the 7th of April the matter came on for hearing, the prisoner being in Court, and the Marshal filed a return, alleging that “the said Piipiilani is restrained lawfully by virtue of a judgment issuing from the First…
2Cases cited2 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte ParksSupreme Court of the United States · 1876
3Cited by4 opinions
- Ex parte Fugihara OriemonHawaii Supreme Court · 1900
- In re AbreuHawaii Supreme Court · 1923
- In re HoopaiHawaii Supreme Court · 1897
- In re FernandezHawaii Supreme Court · 1899