Territory of Hawaii v. Naumu

*67OPINION OF THE COURT BY

MARUMOTO, J.

Appellant, David Naumu, was charged in the district court of Honolulu with conducting “a gambling game in which machines were used or in which something of value was won or lost to wit: free games on the pinball machines contrary to Section 11343 RLH/45.” He interposed a demurrer challenging the applicability of the facts alleged to the offense charged and the constitutionality of the statute as enacted and applied. The district magistrate overruled the demurrer. Thereupon, the parties submitted the case on an agreed statement of facts in which appellant…