Territory v. Anderson

Citations

• 25 Haw. 55

Syllabus

<p>Indictment and Information — motion to quash indictment and a special plea in dar distinguished.</p> <p>A motion to quash an indictment is addressed to the discretion of the court and is usually based upon matters of record. A special plea in bar presents some matter extrinsic of the record which completely bars the proceeding and in regard to which the court may exercise no discretion but is bound to sustain the plea if it be well taken.</p> <p>Appeal and Error.</p> <p>The Territory is not entitled to a writ of error to review a judgment sustaining a motion to quash an indictment.</p>