Territory of Hawaii v. Bell

OPINION OF THE COURT BY

STAINBACK, J.

Defendant, Joseph Christopher Bell, was indicted on two counts, one for rape and one for sodomy, by the grand jury of the first judicial circuit of the Territory of Hawaii. Defendant entered a plea of not guilty to both counts but was allowed to withdraw his plea of not guilty as to Count II (sodomy) in order to file a demurrer to that count. The demurrer was overruled; thereafter a trial by jury was had and a verdict of guilty as to both counts was returned. Defendant was sentenced on Count I to prison for a term not to exceed forty years and a concurrent…