In re Magoon

OPINION.

In the Oriemon case, 13 Haw. 102, it was claimed that the mittimus was illegal by reason of defectve form and ambiguity. The court does not appear to have passed upon the question but said in substance that the function of the mittimus had been performed when the prisoner was placed in custody, and that a proper mittimus could, if needed, be supplied at any time.

That view, if applicable to this case, might obviate any difficulty, owing to the fact that the mittimus does not state the circumstances of the contempt, if it were not that the statute in a later enactment peremptorily…