9 Haw. 164 | Haw. | 1893
Opinion of the Court, by
The defendant in this ease was charged in the District Court of Honolulu with the offense of conducting a lottery, which is within the summary jurisdiction of that court. He pleaded not guilty, and then moved to be discharged on the ground that the law under which he was charged was not in force when the act was alleged to have been committed. The magistrate denied the motion, and without further proceedings the defendant appealed, to- this Court, ' The matter was
“An appeal only lies from a final judgment or some decree affecting substantial rights and equivalent thereto.” 1 Am. <& Eng. Encyclo. of Law, p. 617 and eases cited. “ An appeal like a writ of error is generally confined to a final judgment. It cannot be taken, unless expressly authorized by statute, from a judgment merely interlocutory or provisional.” Hilliard, New Trials, p. 568 and eases cited. It has been the unquestioned practice for years not to allow appeals of the character of the one now before ns, and we prefer to adhere to it.
We therefore dismiss the appeal and send the ease back to the District Court for further proceedings.