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Territory v. Rituta

Supreme Court of Hawaii
Jun 13, 1952
39 Haw. 522 (Haw. 1952)

Summary

In Territory v. Rituta, 39 Haw. 522 (1952), the court, without commenting on the jurisdictional aspect, reviewed an appeal taken by the prosecution from a dismissal of an indictment for murder in the first degree, ordered because defendant previously had been indicted for murder in the second degree for the same homicide and was awaiting trial thereon at the time of return of the indictment for murder in the first degree about nine months later.

Summary of this case from State v. Wong

Opinion

NO. 2875.

Argued April 24, 1952.

Decided June 13, 1952.

APPEAL FROM CIRCUIT COURT FIRST CIRCUIT, HON. JON WIIG, JUDGE.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

G.F. St. Sure, Assistant Public Prosecutor ( A.R. Hawkins, Public Prosecutor, with him on the briefs), for plaintiff in error.

O.P. Soares (also on the brief) for defendant in error.




Summaries of

Territory v. Rituta

Supreme Court of Hawaii
Jun 13, 1952
39 Haw. 522 (Haw. 1952)

In Territory v. Rituta, 39 Haw. 522 (1952), the court, without commenting on the jurisdictional aspect, reviewed an appeal taken by the prosecution from a dismissal of an indictment for murder in the first degree, ordered because defendant previously had been indicted for murder in the second degree for the same homicide and was awaiting trial thereon at the time of return of the indictment for murder in the first degree about nine months later.

Summary of this case from State v. Wong

In Territory v. Rituta, 39 Haw. 522, this court held that the amended statute applies only prospectively from the time that an information or indictment against the accused is filed or entered, and "has no application to any proceedings before a grand jury or to any other proceedings antedating the filing of an information or the entry of an indictment."

Summary of this case from Territory v. Shito
Case details for

Territory v. Rituta

Case Details

Full title:TERRITORY OF HAWAII v. BALBINO RITUTA

Court:Supreme Court of Hawaii

Date published: Jun 13, 1952

Citations

39 Haw. 522 (Haw. 1952)

Citing Cases

State v. Wong

Cf., R.L.H. 1925, § 2522. In Territory v. Rituta, 39 Haw. 522 (1952), the court, without commenting on the…

Territory v. Shito

" The statute, as amended, is compiled in R.L.H. 1955, § 258-2. In Territory v. Rituta, 39 Haw. 522, this…