Republic of Hawaii v. Lee Yick

OPINION OF THE COURT BY

JUDD, C.J.

Tbe defendant was convicted in tbe Circuit Court, First Circuit, at tbe last term thereof, of tbe offense of having *136opium unlawfully in possession. Tlie case comes to us on exceptions to the presiding Judge’s refusal to charge as requested hy defendant’s attorney, and to the charge of the court as given.

The main question raised is whether the prosecution was hound' to prove, on this charge, such facts as would show that the possession of the opium hy defendant was unlawful. The trial Judge held that the prosecution was not required to prove a negative — i. e.,…