Territory v. Legaspis.

OPINION OF THE COURT BY

TOWSE, C. J.

The plaintiffs in error were indicted for gross cheat and for conspiracy to commit gross cheat. (R. L. H. 1945, §§ 11360, 11120.) All were convicted upon the second count only.

Evidence introduced at trial in support of the allegations of the indictment established that Legaspi visited the shop of one Takeo Honda in Honolulu and inquired of the price of monuments stating that he proposed purchasing one for erection upon the grave of his father located in the Waipahu cemetery. Honda testified in part: “Mr. Legaspi stated that tomorrow morning a Japanese boy…