United States v. Hoshi

Citations

• 3 D. Haw. 439

Syllabus

<p>Federal courts — Practice—Reversal of earlier decisions: When one member of a Federal court has ruled upon a point of law after full consideration, his ruling should be allowed to stand until reversed by a higher court or until exceptionally strong occasion for reconsidering it has been adduced; otherwise the people and attorneys practicing before the bar would be in a continual state of uncertainty concerning the law.</p> <p>Criminal law — Conspiracy—Indictment when alleged offense is misdemeanor: The fact that a conspiracy under section 5440 and the crime of adultery are both misdemeanors, would’ not per se prevent an indictment for an alleged conspiracy to commit the crime of adultery.</p> <p>Criminal law — Conspiracy—Indictment—Sufficiency of charge: When it is charged in an indictment that certain persons conspired “to have the crime of adultery committed, ’ ’ this charge is substantially synonymous with the words 1 ‘ to commit the crime of adultery, ’ ’ provided that persons of ordinary knowledge of tlie conditions alleged in the indictment, and especially provided that the defendants themselves, would be reasonably supposed to know thé meaning of the charge.</p> <p>Same: When the words “did deliver” are used to indicate the alleged overt act of a conspiracy, whereby a woman, not charged as one of the conspirators, was said to have been delivered to one of the conspirators by the other two, as a definite act toward the commission of the adultery, and when the context shows clearly that it is charged that such delivery was a wrongful act intended to lead to an offense against the United States, the defendants are sufficiently informed concerning the overt act, in view of the fact that it is an indictment for conspiracy and in view of the express direction of Congress in E. S. 3025.</p> <p>Same: If it is a matter of knowledge to the court and of common knowledge in the community that in many instances Japanese women are in effect deliverable chattels in the h