The King v. Tai Wa
Hawaii Supreme Court
Appeal prom Police Justice op Honolulu. Sec. 12, Chap. 51, Laws of 1884, provides “that any person convicted under the provisions of this Act shall forfeit and pay any sum not exceeding twenty dollars, with or without hard labor not exceeding one month : ” Held that the statute does not authorize imprisonment, and a sentence of imprisonment under it is illegal.
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Appeal prom Police Justice op Honolulu. Sec. 12, Chap. 51, Laws of 1884, provides “that any person convicted under the provisions of this Act shall forfeit and pay any sum not exceeding twenty dollars, with or without hard labor not exceeding one month : ” Held that the statute does not authorize imprisonment, and a sentence of imprisonment under it is illegal. There being no error, except in the judgment of the lower Court, and the appeal being on points of law, the case cannot be remitted to the Police Court for a legal sentence : but the defendant must be discharged.
1Opinion of the Court
Opinion op the Court, by
Judd, C. J.
On appeal from the Police Court on point of law.
The defendant plead guilty to cruelty to animals, to wit, ten mules, and was fined $20 and sentenced to imprisonment at hard labor for ten days.
The defendant appeals on the ground that the sentence was erroneous, it being a fine and imprisonment, whereas the law does not authorize a sentence of imprisonment.
The statute, Sec. 12 of Chap. 51 of Laws of 1884, reads : “Any person convicted under the provisions of this Act shall forfeit and pay any sum not exceeding twenty dollars, with or without hard labor not…
2Cited by2 opinions
- Provisional Government v. AloiauHawaii Supreme Court · 1894
- Territory of Hawaii v. PoloaieaHawaii Supreme Court · 1901