Lee Yau v. Republic of Hawaii

OPINION OF THE COURT BY

FREAR, J.

The plaintiffs herein and one other person were brought before the District Court on a charge, as stated in the warrant of arrest, of “conspiracy, to wit, the violation of Section 1, Chapter 28 of the Penal Code.” This charge was made more specific in court by averments which, in substance, charged a conspiracy to accuse and prosecute one Chong Fook with the offense of maintaining a lottery in violation of Section 1, Chapter 21, Prov. Gov’t Laws. The Magistrate’s notes contain this entry: “Demurrer to charge as amended, that facts therein stated, do *144not amount…