Territory of Hawaii v. Noguchi

OPINION OE THE COURT BY

LE BARON, J.

The defendant was convicted before a jury of tbe crime of malicious assault with intent to commit rape and tbat of burglary in the first degree. He brings the cause to this court on writ of error.

The specification of errors primarily pertains .to the crime of the assault and secondarily to that of the burglary. They challenge the trial court’s refusal to grant two motions of the defendant, one for a mistrial made in the course of presentation of the Territory’s case in chief and the other for a dismissal made immediately after the Territory had rested.

The…