Territory v. Gamaya

Citations

• 25 Haw. 581
• 1920 Haw. LEXIS 23

Syllabus

<p>Criminal Law — former jeopardy.</p> <p>AVhere the jury found the accused not guilty of the offense charged but of a lower one which is included in it and upon an appeal from that judgment by the accused a reversal is had in the appellate court the accused can again be tried for the greater offense set forth in the indictment.</p> <p>Same — same.</p> <p>Neither the court nor the jury is limited upon a new trial to a consideration of the question of the guilt of the lower offense of which the accused was convicted on the first trial, but the reversal of the judgment of conviction opens up the whole controversy and acts upon the original judgment as if it had never been.</p> <p>Same — same.</p> <p>The accused by his own action has obtained a reversal of the whole judgment and upon a new trial he may be proceeded against as if no trial had previously taken place.</p>