In re Gamaya

OPINION OP THE COURT BY

COKE, C. J.

The petitioner, Nevencio Gamaya, was indicted by the grand jury of the circuit court of the second circuit for the crime of rape alleged to have been committed upon one Asano Shimizu. The indictment charges as follows: “that Nevencio Gamaya at Waikapu in the County of Maui, Territory of Hawaii, on to wit the 23rd day of May 1919 did ravish and have carnal intercourse with one Asano Shimizu, a female person, by force and against her will. Contrary to the form of the statute in such *415cases made and provided.” The cause was tried before a jury which resulted in…