The King v. Heleliilii
Hawaii Supreme Court
Exceptions erom Circuit Court, Third Judicial Circuit. In order to sustain a conviction for knowingly uttering a forged check, the instrument need not be so made that if genuine it would be valid. A check informally and awkwardly drawn held to be valid, when coupled with the statement of defendant, the endorser, that it was genuine. The Court will take judicial notice of the condition of communities on the different islands, and their modes of transacting business.
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Exceptions erom Circuit Court, Third Judicial Circuit. In order to sustain a conviction for knowingly uttering a forged check, the instrument need not be so made that if genuine it would be valid. A check informally and awkwardly drawn held to be valid, when coupled with the statement of defendant, the endorser, that it was genuine. The Court will take judicial notice of the condition of communities on the different islands, and their modes of transacting business. After both parties have rested, it is in the discretion of the Court to allow the prosecution to put in evidence inadvertently…
1Opinion of the Court
Opinion oe the Court by
Austin, J.
This case comes here on exceptions, for errors of law.
The defendant, on trial before Mr. Justice Austin, at the Third Judicial Circuit Court, in May, 1883, was convicted of uttering a • false or forged draft, check or order, knowing it to be false or forged.
The defendant claims, first, that the paper, if uttered, did not carry on its face the semblance of that for which it was counterfeited, and that it was obviously invalid, void and of no effect, and so the defendant cannot be convicted because of the provisions of subdivision seven of the statute of forgery.
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