Territory of Hawaii v. Schilling

OPINION OP THE COURT BY

HARTWELL, J. (Prear, C.J., dissenting.)

Tbe defendant was tried, convicted and sentenced upon an indictment charging an assault with intent to commit the crime of rape. He pleaded a former-trial and conviction by the magistrate of the district of Lihue of the offense of assault and battery and that the same assault was charged in the indictment. In a supplemental plea he also pleaded that he was advised that the facts shown at the trial of the assault and battery amounted in law to a felony and therefore that he could not afterwards be prosecuted for the felony under the…