Hawaii Supreme Court January 3, 1906 (Territory of Hawaii v. Schilling)

lead-opinion

OPINION OP THE COURT BY

HARTWELL, J.

(Prear, C.J., dissenting.)

Tbe defendant was tried, convicted and sentenced upon an indictment charging an assault with intent to commit the crime of rape. He pleaded a former-trial and conviction by the magistrate of the district of Lihue of the offense of assault and battery and that the same assault was charged in the indictment.