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TERRITORY v. BELL

No. 4029.

43 Haw. 23 (1958)

TERRITORY OF HAWAII v. JOSEPH CHRISTOPHER BELL.

Supreme Court of Hawaii.

Decided October 9, 1958.

Attorney(s) appearing for the Case

Katsugo Miho (also on the briefs) for plaintiff in error.

Takashi Kitaoka, Assistant Public Prosecutor (Kenneth W. Harada, Assistant Public Prosecutor, on the brief), was present but not required to argue.

RICE, C.J., STAINBACK AND MARUMOTO, JJ.

OPINION OF THE COURT BY STAINBACK, J.

Defendant, Joseph Christopher Bell, was indicted on two counts, one for rape and one for sodomy, by the grand jury of the first judicial circuit of the Territory of Hawaii. Defendant entered a plea of not guilty to both counts but was allowed to withdraw his plea of not guilty as to Count II (sodomy) in order to file a demurrer to that count. The demurrer was overruled; thereafter a trial by jury was had and a verdict of guilty...

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