Territory v. Gaudia

OPINION OF THE COURT BY

TOWSE, C. J.

This cause is before tbe court upon an interlocutory appeal from an order denying the Territory of Hawaii’s motion for a mental examination of tbe defendant.

Tbe defendant below Avas indicted for murder in tbe first degree and, upon arraignment, a plea of not guilty was entered on bis behalf. The Territory thereupon moved for a mental examination of tbe defendant under tbe provisions of section 10826, Revised LaAVs of Hawaii 1945, as amended by Act 166, Session Laws of Hawaii 1953, alleging inter alia,, that it desired to determine bis present mental…