Territory of Hawaii v. Wong

OPINION OF THE COURT BY

TOWSE, C. J.

Writ of error is prosecuted by the Territory of Hawaii (R. L. H. 1945, § 9952) from the ruling of the district magistrate for the district of Koloa, county of Kauai sustaining a demurrer and dismissing the complaint charging the defendants in error with being present at a gambling game. The demurrer was sustained upon the ground that section 11343 of the Revised Laws of Hawaii 1945 is violative of the due process clause of the Fifth Amendment to the Constitution of the United States.

Eight errors are assigned. All relate to the ruling of unconstitutionality…