23 Haw. 250 | Haw. | 1916
OPINION OF THE COURT BY
In response to a writ of habeas corpus which was issued April 11, 1916, upon the petition of one 0. A. Steven, wherein it was alleged that the petitioner was being unjustly and illegally imprisoned and restrained of his liberty by Charles H. Rose, sheriff of the city and county of Honolulu, the respondent filed a return showing, inter alia, that, at the time of the issuance of this writ, he held the petitioner in custody under and by virtue of four certain warrants of arrest issued on March 11, by the first judge of the circuit court of the first circuit, for the apprehension of said Steven upon a corresponding number of informations filed
It is contended, in support of the writ, that the circuit court is without jurisdiction to try the petitioner upon said informations, or any of them, because (1) the informations, which were used as the basis, and the only basis, for the warrants, were not supported by the oath of any person deposing to' the truth of the facts alleged therein, and, hence, the warrants were issued without probable cause, and (2) because the petitioner cannot legally be put upon trial upon an information not so verified.
It will be assumed for the purposes of this opinion that the informations in question were presented and filed merely upon the official oath of the public prosecutor, and, therefore, were insufficient foundation for the warrants. The first question to be considered is whether, if the warrants were issued without probable cause, there is such a lack of jurisdiction on the part of the circuit court as would render any subsequent proceedings void. This question is materially affected by certain further facts shown by the return which will now be stated. Immediately after the arrest of Steven on March 11, he was released to bail upon bond, with surety, conditioned for his appearance in court on March 13, “to answer each of said charges;” on said date he appeared accordingly, with counsel, and was arraigned upon the informations; on March 15, he appeared again and entered a plea of not guilty in each case, and the cases were transferred to the docket of the third judge of said court for trial; on March 20, the accused appeared again, and, in open court, waived trial by jury, and the cases were thereafter continued from time to time, being finally set down for trial on April 14. Certain other proceedings were had which alter in no way the effect of those which have been stated. The Fourth Amendment of the Constitution
It remains to be considered whether the circuit court is
The writ is discharged, and the petitioner, who was admitted to bail pending this proceeding, is remanded to the custody of the respondent.