Territory v. Peterson

Citations

• 23 Haw. 476
• 1916 Haw. LEXIS 52

Syllabus

<p>Criminal Law — usury.</p> <p>The offense prohibited by Sec. 3444 R. L. is committed by receiving interest in excess of the rate of two per cent, per month, and not by entering into a contract whereby the defendant is to receive interest at a rate greater than two per cent, per month.</p> <p>Instkuctions — eliminating questions of fact.</p> <p>An instruction in a prosecution for receiving usury, which makes the guilt of the defendant to depend upon the value of a note and securities taken by the defendant to secure the loan, and which eliminates from the consideration of the jury the question of fact as to whether or not the defendant actually received interest at a rate greater than that permissible under the statute, constitutes reversible error.</p> <p>Criminal Law — principal—accessory before the fact.</p> <p>Under Sec. 3674 R. L., and Sec. 3807B, added to the Revised Laws by Act 215 S. L. 1915, one who aids in the commission of an offense or is an accessory before the fact may he charged and punished as a principal and in the same manner and to the same effect.</p> <p>Evidence — prosecution for receiving usury.</p> <p>In a prosecution for receiving interest at a rate greater than two per cent, per month, where a note, hill of sale and an order were given to secure the loan, it is proper to admit in evidence such written instruments, and other pertinent evidence, for the purpose of showing the transaction between the parties.</p> <p>Same — same—application of payment.</p> <p>It is proper to admit evidence of payments to the defendant and the application of such payments when the defendant is tried upon the charge of receiving interest at a rate greater than two per cent, per month.</p> <p>Criminal Law — usury—securities for loan.</p> <p>When money is loaned at a rate of interest greater than two per cent, per month the offense punishable under Sec. 3444 R. L. is not committed merely by taking securities for the loan; the acceptance of security for the loan is