Republic of Hawaii v. Palea

*160OPINION OF THE COURT BY

WHITING, J.

The defendant was charged, tried and convicted, with being on the premises of Ah Chuna in the night time without lawful excuse. The full charge is as follows:

Charles Palea is accused by Cecilia Ah Chuna of being guilty of a misdemeanor, that is to say, that the said Charles Palea being a person who is and was "at the time said misdemeanor was committed, lewd, wanton and lascivious in speech and behavior, was found by night, to-wit, on or about the night of September 17, 1898, without lawful excuse, in a dwelling house, to wit, the dwelling house of Ah Chuna…