Provisional Government v. Smith

Opinion op the Court, by

Judd, C.J.

The defendant was charged with libel in the District Court of Honolulu. He filed a demurrer to the charge which, after argument, was overruled by the magistrate. He did not plead, nor was there any evidence taken, nor did the magistrate either commit him for trial or discharge him. But an appeal was immediately taken to the Supreme Court from the ruling of the magistrate against the demurrer. When the matter came up before us, attention of counsel was called by the Court to the novelty of the proceeding, but as the counsel for the prosecution made no…