Territory v. Scharsch

Citations

• 25 Haw. 429
• 1920 Haw. LEXIS 45

Syllabus

<p>Criminal Law — trial—public trial — what constitutes.</p> <p>Under the Sixth Amendment to the United States Constitution declaring that in all criminal prosecutions the accused shall enjoy the right to a public trial it is error to exclude all persons excepting officers of the court and any one particular person whom the defendant would like to have present.</p> <p>Same — same—same—same—presumption of enforcement of order.</p> <p>In the absence of a showing to the contrary it is to be presumed that an order excluding the public from the courtroom during a criminal trial was enforced and that it was prejudicial to the rights of the defendant.</p> <p>Same — same—same—same—denial of constitutional right — presumption of prejudice — burden of proof.</p> <p>Where a defendant is denied the constitutional right of a public trial he is presumed to be prejudiced and the burden is not upon him to show injury by reason of the deprivation.</p>