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Hawaiian Kingdom Penal Code


CHAPTER II.

 

GENERAL PROVISIONS.

 

CONTENTS.

 

SECTION 1.  No person subject to punishment but on due and legal conviction.

2.     Indictment.

3.     Right of the accused to meet the witnesses and be heard.

4.     Conviction in a ease in which the accused has a right of trial by jury.

5.     But one trial on the merits is to be had for the same offense.

6.     Presumption of innocence.

7.     The natural consequences of acts are presumed to be intended.

8.     Criminal prosecution does riot take away the right of civil action.

9.     Fines appropriated to the government.

 

1.  No person shall be subject to punishment for any offense, except on due and legal conviction thereof in a court having jurisdiction of the case.

 

2. No person shall be subject to be tried and sentenced to be punished in any court, for an alleged offense, unless upon indictment, except for offenses within the jurisdiction of a police court or district justice, or in summary proceedings for contempt.

 

3. In the trial of any person on the charge of any offense, he shall have a right to meet the witnesses, who are produced against him, face to face; to produce witnesses and proofs in his own favor; and by himself or his counsel, to examine the witnesses produced by himself, and cross-examine those produced against Win; and to be heard in his defense.

 

4. No person shall be convicted of any offense, for which by law he is entitled to trial by jury, unless on confession thereof in open court, or admission thereof by his plea, or by the verdict of the jury.

 

5. No person shall be required to answer again for au offense, for which he has once been duly convicted, or of which he has been duly acquitted upon a good and sufficient indictment.

 

6. A party accused shall be presumed innocent; and in case his guilt is not satisfactorily shown, be acquitted.

 

7. Every one shall be presumed to intend the natural and plainly probable consequences of his acts.

 

8. A criminal prosecution for an offense shall not destroy the right of action by the party injured thereby, unless it be expressly so provided.

 

9.  Every fine and forfeiture of property imposed as a punishment for any offense, or for a violation or neglect of any duty, where no other appropriation is expressly made, shall accrue and be appropriated to the government.





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