Territory of Hawaii v. Guillermo

*44OPINION OF THE COURT BY

STAINBACK, J.

In this case the defendant was indicted in the first circuit of the Territory of Hawaii, tried by a jury, convicted and sentenced on a charge of having sexual intercourse with a female under the age of sixteen years and not his lawful wife. The case was duly brought to this court upon writ of error.

The main claim of error (Assignment of Error No. II) is that the trial judge erred in instructing the jury that in a prosecution for an alleged offense of sexual intercourse with a female under sixteen it is immaterial in determining the question of defendant’s…