Hawaii v. Mankichi

This was a petition by Mankichi for a writ of habeas corpus to obtain his release from the Oahu convict prison, where he is confined upon conviction for manslaughter, in alleged violation of the Constitution, in that he was tried upon an indictment not found by a grand jury, and convicted by the verdict of nine out of twelve jurors, the other three dissenting from the verdict.

Following the usual course of procedure in the Republic of Hawaii, prior to its incorporation as a territory of the United States, the prisoner was tried upon an indictment much in the form of an information at common law, by the attorney general, and indorsed 'a true bill, found this 4th day of May, A. D. 1899. A. Perry, first judge of the circuit court,' etc.

From an order of the United States district court, discharging the prisoner, the attorney general of the territory appealed to this court.

Messrs. Edmund P. Dole and Solicitor General Richards for appellant.

[Argument of Counsel from pages 199-203 intentionally omitted]

Messrs. Frederic R. Coudert, Jr., Paul Fuller, George A. Davis, F. M. Brooks, and Charles Fred Adams for appellee.

[Argument of Counsel from pages 203-209 intentionally omitted]

Mr. Justice Brown delivered the opinion of the court: