Territory of Hawaii v. Hu Seong

DISSENTING OPINION OP

ROBERTSON, C.J.

I have to dissent. The statute prohibits the selling or furnishing of opium except by the holder of a license to sell poisonous drugs, upon the written prescription of a duly licensed physician. The charge entered against the defendant was of furnishing only. The uncontradicted evidence before the district magistrate showed a sale. 'The question is whether, upon a charge of furnishing opium the defendant can be convicted upon evidence that'he sold opium.

According to the dictionaries the word “furnish” means “give,” “supply” or “provide.” In, Republic v.…