In re Fernandez

OPINION OF THE COURT BY

FREAR, J.

Tbe petitioner was convicted in tbe District Court- of South Hilo, Hawaii, of being a disorderly person (under Sec. 370, *121Penal Laws) and sentenced to three months’ imprisonment and to pay costs. He appealed to the Circuit Court and pending the appeal was released on bail until the surety on his bail bond surrendered him into the custody of the sheriff. He then petitioned the Circuit Judge for this writ of habeas corpus. The Circuit Judge, after a hearing, remanded the petitioner to custody. The petitioner then took this appeal.

It is contended on behalf of the…