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GOTO v. LANE

No. 463.

265 U.S. 393 (1924)

44 S.Ct. 525

68 L.Ed. 1070

GOTO ET AL. v. LANE, HIGH SHERIFF OF THE TERRITORY OF HAWAII.

Supreme Court of United States.

Decided June 2, 1924.

Attorney(s) appearing for the Case

Mr. Thomas W. Gregory for appellants.

Mr. Frederick Milverton, with whom Mr. Frank E. Thompson was on the brief, for appellee.

Mr. Solicitor General Beck and Mr. Geo. Ross Hull, Special Assistant to the Attorney General, by leave of Court, filed a brief on behalf of the United States as amici curiae.

MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

This is an appeal from a judgment of the District Court of Hawaii refusing a writ of habeas corpus sought by thirteen persons in custody under a judgment of conviction in a territorial circuit court on an indictment for an infamous crime against the laws of that Territory.

In stating the offense, the indictment used the disjunctive "or" in several instances where the conjunctive "and" doubtless...

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