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TERRITORY OF HAWAII v. WONG

NO. 2900.

40 Haw. 257 (1953)

TERRITORY of Hawaii v. Larry A.C. Wong, Teotimo Cuyo, Tiburcio Bunao, Buenaventura Carsola, Alfredo Acido, Quirino Aquino, Diego Semion, Cipriano Sican Cabradilla and Francisco Barientos.

Supreme Court of Hawaii.

Decided June 23, 1953.

Attorney(s) appearing for the Case

E.K. Aiu, Deputy County Attorney Kauai County (A.G. Kaulukou, County Attorney Kauai County, with him on the opening brief; J.Y. Shigemura and F.D. Gibson, Jr., Deputy Attorneys General, on supplemental brief), for plaintiff in error.

J.A. Mizuha (also on the briefs) for defendants in error.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY TOWSE, C.J.

Writ of error is prosecuted by the Territory of Hawaii (R.L.H. 1945, § 9952) from the ruling of the district magistrate for the district of Koloa, county of Kauai sustaining a demurrer and dismissing the complaint charging the defendants in error with being present at a gambling game. The demurrer was sustained upon the ground that section 11343 of the Revised Laws of Hawaii 1945 is violative of the due process clause of the...

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