Republic of Hawaii v. Ah Yee

OPINION OF THE COURT BY

WHITING, J.

In the circuit court, the defendant moved to quash the conviction and sentence of the district court, and also filed a demurrer to the charge of the offense. The motion was denied and the demurrer overruled. But the charge was amended in the circuit court by inserting the word “unlawfully,” so that the charge against the defendant in the circuit court was “having opium or a preparation thereof unlawfully in his possession at Hanalei, District of Hanalei, Island of Kauai, Republic of Hawaii on the *17024th day of February, 1899, against the statute in such ease made…