Page images
PDF
EPUB

An oath includes an affirmation within the meaning of this act. The oath or affirmation must be duly administered by one having legal authority to administer the same, either in person or through an interpreter.

§ 227. Subornation of perjury is the willfully and corruptly procuring another to commit perjury.

§ 228. Whoever is guilty of perjury or subornation of perjury shall be punished by imprisonment at hard labor not more than twenty years.

NOTE TO CHAPTER 27.

§§ 226-228 are S. L., 1896; act 33, repealing P. C., ch. 27.

Cases in Hawaiian Reports: Rex v. Papa and Kameakua, 1 Haw., 195; King v. Bili Kamakana, 3 Haw., 313; R. v. Angee, 8 Haw., 259; R. v. Ah Fook, 8 Haw., 265; R. v. Chee Wai, 8 Haw., 728.

CHAPTER 28.

CONSPIRACY.

[graphic]

§ 229. A conspiracy is a malicions or fraudulent combination or mutual undertaking or concerting together of two or more to commit any offense or instigate anyone thereto, or charge anyone therewith; or to do what plainly and directly tends to excite or occasion offense, or what is obviously and directly wrongfully injurious to another: For instance

A confederacy to commit murder, robbery, theft, burglary, or any other offense provided for in the criminal code; to prevent, obstruct, defeat, or pervert the course of justice by suborning a witness, tampering with jurors, or the like offenses;

To groundlessly accuse anyone of, and cause him to be prosecuted for, an offense;

To charge anyone with an offense, with the intent and for the purpose of extorting money from him;

To falsely charge one with being the father of an illegitimate child; To cheat another by means of false tokens and pretenses;

To manufacture a spurious article for the purpose of defrauding whomsoever the same can be sold to;

To destroy a will and thereby prejudice the devisees;

To prevent another, by indirect and sinister means, from exercising his trade, and to impoverish him;

To establish, manage, or conduct a trust or monopoly in the purchase or sale of any commodity.

§ 230. Any person knowingly acceding to and joining in a conspiracy after the same is formed is a party thereto, no less than the one who originally takes part in forming the same.

§ 231. It is not requisite that the act agreed upon should be done or attempted in pursuance of the conspiracy; the conspiracy itself constitutes the offense.

§ 232. The act of each party to a conspiracy, in pursuance thereof, is

the act of all.

§ 233. Husband and wife can not by themselves, without others, be guilty of a conspiracy, and the acts or confessions of either are not evidence against the other in a prosecution for conspiracy.

§ 234. Conspirators may be tried jointly or severally. But to prevent oppression by joining parties, and thus depriving some of the testimony of others, it is provided that in the trial of anyone for a conspiracy another charged as a coconspirator may be a witness, and in such case the two may be separately tried, though joined in the indictment.

§ 235. Where one is convicted of any offense, he is not liable thereafter to be tried for or convicted of a conspiracy to commit the same; and if a conspiracy to commit an offense and the commission of the same be charged in the same indictment, the defendant is liable to be sentenced for one only.

§ 236. On a prosecution for conspiracy, if the jury find, or the magistrate having jurisdiction of the fact consider, the offense to be trivial, the defendant shall be discharged, with or without costs, in the discretion of the court.

§ 237. Conspiracy to commit, or to instigate to the commission of, a felony; or to charge anyone with felony; or to prevent, obstruct, defeat, or pervert the course of justice; or to forge, or counterfeit, or cheat, to an amount exceeding one hundred dollars, is in the first degree, and shall be punished by imprisonment at hard labor not more than ten years, or by fine not exceeding one thousand dollars, in the discretion of the court.

§ 238. A conspiracy to establish, create, manage, or conduct a trust or monopoly in the purchase or sale of any commodity is in the second degree, and shall be punished by imprisonment at hard labor not more than two years, or by fine not exceeding ten thousand dollars, in the discretion of the court.

§ 239. Conspiracy not appearing to be in the first and second degrees is in the third degree, and shall be punished by imprisonment at hard labor not exceeding one year and by fine not exceeding four hundred dollars, in the discretion of the court.

NOTE TO CHAPTER 28.

§ 229 is P. C., ch. 28, § 1, amended S. L. 1892, ch. 102. §§ 230-237 are P. C., ch. 28, §§ 2-9. §§ 238-239 are S. L. 1892, ch. 102.

Cases in Hawaiian Reports: Rex v. Anderson and Russell, 1 Haw., 41; King v. Thornton, 4 Haw., 45; Rex v. Ho Fon, 7 Haw., 758; R. v. Marks, 1 Haw., 81; R. v. Macfarlane, 7 Haw., 352; R. v. Walker, 9 Haw., 171.

CHAPTER 29.

OBSTRUCTING THE COURSE OF JUSTICE.

§ 240. Whoever being lawfully made prisoner, or lawfully detained on conviction or charge of any offense, or as a witness in any capital case, escapes from such imprisonment or detention against the will of the officer having him in custody, shall, in case the offense be capital or punishable by imprisonment for life or for ten years or more, be punished therefor by imprisonment at hard labor not more than three years, or by fine not exceeding five hundred dollars.

§ 241. In case of such escape from imprisonment on conviction or charge of, or as a witness in respect to, any offense otherwise punishable than as described in the preceding section, the person so escaping shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding one hundred dollars.

§ 242. Whoever, being a prisoner lawfully detained in the custody of any officer or other person authorized by law to detain such prisoner, in any other case than those provided for in the preceding sections, escapes, shall be punished by imprisonment at hard labor not more than three months, and by fine not exceeding ten dollars.

§ 243. Whoever rescues any prisoner or person lawfully held in custody on conviction or charge of any offense, or as a witness on a criminal charge, or aids or assists any such prisoner, witness, or person so

held in custody in his design or endeavor to escape, whether his escape be or be not effected or attempted, or conveys into any fort or other prison any disguise, tool, weapon, or other thing adapted to facilitate, and with intent to facilitate, the escape therefrom of any such prisoner, witness, or other person, shall, in case the aforesaid offense or criminal charge be capital, or punishable by imprisonment for life, or for ten years or more, be punished by imprisonment at hard labor not more than three years, and by fine not exceeding five hundred dollars. In any other case he shall be punished by imprisonment at hard labor not more than one year, and by fine not exceeding one hundred dollars.

§ 244. Whoever aids any prisoner lawfully imprisoned for any other cause than those mentioned in the preceding section to escape from the custody of an officer or other person authorized by law to detain such prisoner shall be punished by imprisonment not more than six months and by fine not exceeding fifty dollars.

§ 245. Any jailor or other officer who voluntarily suffers any prisoner in his custody upon conviction of or charged with any offense to escape shall suffer like punishment and penalties as the prisoner so suffered to escape was sentenced to, or would be liable to suffer upon conviction for the crime or offense wherewith he stood charged.

§ 246. Any jailor or other officer who, through negligence, suffers any prisoner in his custody, upon conviction of or charged with any offense, to escape, or who willfully refuses to receive into his custody any prisoner lawfully committed thereto, shall be punished by imprisonment at hard labor not exceeding two years, or by fine not exceeding five hundred dollars.

§ 247. Any officer authorized by law to serve or execute any lawful process to him directed, delivered, or offered, requiring him to apprehend or confine any person convicted of or charged with an offense, who willfully and corruptly refuses, neglects, or delays to serve the same, whereby such person shall avoid arrest and go at large, shall be punished by imprisonment at hard labor not more than one year, or fine not exceeding three hundred dollars.

§ 248. Any person required by the chief sheriff, or by any sheriff, deputy sheriff, or constable, to assist him, in case of emergency, in the execution of his office in any criminal case, or in the preservation of the peace, or the apprehending or securing of any person for a breach of the peace, who refuses or neglects to render the assistance so required, shall be punished by fine not exceeding fifty dollars.

§ 249. Whoever rescues a thing that is under legal seizure or detention, with intent to defeat such seizure or detention, or impede, oppose, or defeat the process whereby the thing is seized or detained, shall be punished by fine not exceeding five hundred dollars.

§ 250. Whoever falsely assumes to be a district magistrate, chief sheriff, sheriff, deputy sheriff, constable, or other officer of the government, and takes upon himself to act as such, shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding one hundred dollars.

§ 251. Whoever, having knowledge of the commission of any offense punishable with death, or by imprisonment for life, shall give or receive any money, service, or other gratuity or reward, to compound or conceal such offense, or not to prosecute therefor, or not to give evidence thereof, shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding five hundred dollars. Where the offense is not punishable as aforesaid, he shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding one hundred dollars.

§ 252. Whoever, willfully intending to preveut or obstruct the course of justice, shall give any gratuity or reward, or make any promise thereof, express or implied, that anyone shall evade giving his testimony, or shall destroy, conceal, or suppress any deposition or other legal evidence in any suit or proceeding, criminal or civil, shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding five hundred dollars.

§ 253. Whoever willfully obstructs or attempts to obstruct the public legislation, or the due administration of the law, by threats of violence against, or intimidation of, or endeavoring to intimidate any member of the legislature, or any legislative, judicial, executive, or other officer charged with any duty in the administration, enforcement, or execution of the law, shall be punished by imprisonment not more than one year, or by fine not exceeding five hundred dollars.

§ 254. Whoever is guilty of corruptly influencing or attempting to corruptly influence anyone serving or summoned as a juryman, in favor of or against any party to any suit or matter pending at the time, or that may thereafter come before such juryman for his verdict or decision, shall be punished by imprisonment at hard labor not more than one year, or by fine not exceeding five hundred dollars.

§ 255. Whoever corruptly gives or promises to any executive, legislative, or judicial officer, or to any master in chancery, juror, appraiser, referee, arbitrator, or umpire, any gift, gratuity, service, or benefit, with intent to influence his vote, judgment, opinion, decision, or other acts as such in any case, question, proceeding, or matter pending, or that may by law come or be brought before him in his capacity as aforesaid, shall be punished by imprisonment at hard labor not more. than two years, or by fine not exceeding five hundred dollars.

§ 256. Every executive, legislative, judicial, or civil officer, or any master in chancery, or any person acting or summoned as a juror, or any appraiser, referee, arbitrator, or umpire, who corruptly accepts any gift, gratuity, beneficial service, or act or promise of either, under an agreement, or with an understanding that he shall in the exercise of any function in his capacity as aforesaid, vote, decide, or act in any particular manner in any cause, question, proceeding, or matter pending or that may by law come or be brought before him, shall be punished by imprisonment at hard labor not more than five years, or by fine not exceeding one thousand dollars.

[graphic]

CONTEMPT OF COURT.

§ 257. Whoever, after trial by jury, is adjudged guilty of contempt of any judicial court, whether by open resistance to the process or proceedings thereof, or of any judge or justice thereof in the lawful exercise of his judicial functions; or by insulting, contemptuous, contumelious, disrespectful, or disorderly language, behavior, or act, or breach of the peace, noise, or other disturbance in the presence or hearing thereof when in session; or by willful disobedience or neglect of any lawful process or order; or by refusing to be sworn as a witness, or, when sworn, to answer any legal and proper interrogatories; or by publishing animadversions on the evidence or proceedings in a pending trial tending to prejudice the public respecting the same, and to obstruct and prevent the administration of justice; or by knowingly publishing an unfair report of the proceedings of a court, or malicious invectives against a court or jury tending to bring such court or jury or the administration of justice into ridicule, contempt, discredit, or odium,

shall be punished by imprisonment at hard labor not exceeding two years, or by fine not exceeding five hundred dollars; provided, however, that every judicial tribunal acting as such, and every magistrate acting by authority of law in a judicial capacity, may summarily puuish persons guilty of contempt, as follows:

1. The supreme court, by imprisonment not more than three months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment, in the discretion of the court.

2. Any circuit court or any court of probate, by imprisonment not more than two months, or by fine not exceeding one hundred dollars. 3. Any circuit judge, by imprisonment not more than thirty days, or by fine not exceeding fifty dollars.

4. Any district magistrate, coroner, or other person acting in a judicial capacity by authority from any court of record, by imprisonment not more than ten days, or by fine not exceeding ten dollars.

§ 258. Hereafter it shall not be lawful for any court, judge, district magistrate, coroner, or any other person having power to inflict punishment upon any person who may be adjudged guilty of contempt, to add the punishment of hard labor to any sentence which may be passed upon any such person adjudged guilty as aforesaid.

§ 259. Persons punished according to the provisions of section 257 shall also be liable to indictment for the same misconduct if it be an indictable offense; but the court before which a conviction is had on the indictment, in passing sentence, shall take into consideration the punishment before inflicted.

§ 260. When the contempt consists in the omission or refusal to perform an act which is yet in the power of the party to perform, he may be imprisoned until he have performed it, and in that case the act shall be specified in the warrant of commitment.

§ 261. The publication of proceedings before any court or judge shall not be deemed to be contempt, nor shall such publication be punishable as contempt.

§ 262. Constructive contempts shall not be punishable as such.

NOTE TO CHAPTER 29.

§§ 240-256 are P. C., ch. 29, §§ 1-17. § 257 is P. C., ch. 29, § 18, amended S. L. 1872, ch. 13, C. L., p. 318. § 258 is S. L. 1872, ch. 13, C. L., p. 318. §§ 259-260 are C. L. §§ 1097-1098. §§ 261-262 are S. L. 1888, ch. 42.

Cases in Hawaiian reports: Onomea v. Austin, 5 Haw., 606; Ackerman v. Congdon, 7 Haw., 34; Loo Gnawk v. Cartwright, 7 Haw., 401; Re v. Sin Hook, 8 Haw., 185; Re Bush, 8 Haw., 223; Govt. v. Stone, 9 Haw., 363; R. v. Young Hee, 10 Haw., 114; P. G. v. Caecires, 9 Haw., 522; R. v. Asegut, 3 Haw., 540; R. v. Sherman, 1 Haw., 250; R. v. Ah You, 3 Haw., 393; K. v. Aho, 5 Haw., 565; Kalaeokekoi v. Kahanu, 4 Haw., 484; R. v. Webster, 1 Haw., 95; Re Campbell, 2 Haw., 27; Re Morrison, 2 Haw., 292; Re Lyons, 6 Haw., 452; R. v. Robertson, 6 Haw., 718; Alau v. Everett, 7 Haw., 82; Smith v. Áholo, 7 Haw., 115; R. v. Lee Fook, 7 Haw., 249; Re Sheldon, 9 Haw., 32.

CHAPTER 30.
FORGERY.

§ 263. Forgery is the fraudulent making or altering a writing with the intent to deceive another and prejudice him in some right.

§ 264. A writing comprehends manuscript, print, inscriptions, figures, marks, and other modes of indicating, upon paper or other material substance, words, sense, or meaning.

§ 265. The making of the initials of one's name or a mark as his sig nature to a promissory note or other document, or the stamping of a

« PreviousContinue »