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KAIZO v. HENRY

No. 27.

211 U.S. 146 (1908)

29 S.Ct. 41

53 L.Ed. 125

KAIZO v. HENRY, HIGH SHERIFF OF HAWAII.

Supreme Court of United States.

Decided November 16, 1908.

Attorney(s) appearing for the Case

Mr. Duane E. Fox and Mr. Arthur S. Browne, with whom Mr. A.S. Humphreys was on the brief, for plaintiff in error.

Mr. Charles R. Hemenway, with whom Mr. Mason F. Prosser was on the brief, for defendant in error.

MR. JUSTICE MOODY delivered the opinion of the court.

This is a writ of error directed to a judgment of the Supreme Court of the Territory of Hawaii, discharging a writ of habeas corpus and remanding the petitioner to the custody of the sheriff. The plaintiff in error was indicted for murder by a grand jury at a term of a Circuit Court of the Territory, held in August, 1905. The grand jury was composed of sixteen members. A plea in abatement was seasonably...

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