Territory of Hawaii v. Fullerton

OPINION OF THE COURT BY

WILDER, J.

On September 15, 1901, in the district court of Honolulu, James E. Fullerton was tried, convicted and sentenced on a *527•charge of assault and battery. From this decision of the district magistrate he appealed to the circuit court. On November 1, 1904, a nolle prosequi was entered in the circuit court on this charge. On October 28, 1904, he was indicted for the offense of malicious injury, to which indictment, on November 2, 1904, he entered a plea of not guilty. On November 15, 1904, after a trial on said indictment, the jury failed to agree and a mistrial was…