20 Haw. 120 | Haw. | 1910
OPINION OF THE COURT BY
The petitioners applied for a writ of habeas corpus to obtain release from imprisonment imposed by a judgment of the circuit. court of the first circuit in which they were tried upon the complaint of the high sheriff charging them with conspiracy and convicted, of conspiracy in the third degree, the verdict being rendered by only eleven jurors the defendants consenting to the withdrawal of one juror during the trial. They moved in arrest of judgment on the same grounds upon which the petition for a writ of habeas corpus is based, excepting to the denial of the motion. The exception was allowed and in-
Under Sec. 2054 R. L. the petitioners are not “entitled as of right to demand and prosecute the said writ,” and by Sec. 2055 R. L. the issuing of the writ is discretionary with the court. Under Sec. 755 U. S. Rev. St. the writ issues “unless it appears from the petition itself that the party is not entitled thereto,” and “need not therefore be awarded if it appear upon the showing made by the petitioner that if brought into court and the cause of his commitment inquired into he would be remanded to prison.” Ex parte Terry, 128 U. S. 301. This court “has the right to examine its own records and take judicial notice thereof in regard to proceedings formerly had there
The writ must therefore be denied .and it is so ordered.