Territory v. Tsutsui

Defendant, plaintiff in error, was convicted by a jury in the circuit court of the first judicial circuit for participating in and being present at a gambling game in violation of section 11343, Revised Laws of Hawaii 1945; he was sentenced by the court to one year in prison and placed on probation for a period of five years, execution of sentence to be suspended except as to thirty days thereof upon certain conditions, one of which was repayment of moneys obtained from the complaining witness.

Counsel for plaintiff in error raised in this court for the first time the constitutionality of…