In re the Contempt of Goo Wan Hoy
In re the Contempt of Goo Wan Hoy
Opinion of the Court
Goo Wan Hoy appealed to this court from a judgment finding him guilty of contempt of court and sentencing him to imprisonment for thirty days. Pending hearing of the appeal the appellant has filed a motion for leave to introduce certain newly discovered evidence. That the evidence proposed to be offered is newly discovered and material to the issue is not disputed, but the attorney general contends that it is not admissible in this court on the appeal. The attorney general further expressed the view that the contempt proceeding was heard in the circuit court — not by the circuit judge at chambers — and, hence, that an appeal does not lie from the judgment,'but stated that he had not raised the point because he was satisfied that in no event could the evidence be received in this court. We deem it necessary, hoAvever, to ascertain at the outset whether the appeal is properly here since, if the proceeding below was had in the circuit court an appeal does not lie from the judgment. Kahului R. Co. v. Haw. C. & S. Co., 11 Haw. 749; Western Nat. Bank v. Peacock, 18 Haw. 161. The record in the case is in an uncertain and unsatisfactory condition. The information which was the' basis of the proceeding was entitled in the circuit .court of the first judicial circuit, but the citation was in the form of a chambers summons issued in the name of the second judge of the first circuit court, and notified the accused to appear “in my courtroom,” etc. The judgment Avas entitled in the circuit court and signed by the clerk, but the mit
The movant relies upon section 2509 of the Revised Laws which provides that upon an appeal from a decree or judgment of a circuit judge at chambers wherein the facts as well as the law are reviewed “the appellate court may, in case evidence is offered, which is clearly newly discovered evidence and material to the just decision of the appeal, admit the same.” Section 4056, however, which relates to the review of judgments in contempt cases, pro
The motion is denied.
Reference
- Full Case Name
- IN THE MATTER OF THE CONTEMPT OF GOO WAN HOY
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Courts — circuit court — circuit judge at chambers — judgment. Where upon an appeal to tbe supreme court the record in the case is in such condition that it is difficult to ascertain therefrom whether the judgment appealed from was that of a circuit court or of a circuit judge at chambers, the case having gone to final judgment without any question as to jurisdiction being raised, the nature of' the proceeding may be looked to as a determining factor on the question as to in what court the proceeding was had. Contempt — appeal—newly discovered evidence. On the hearing of an appeal from a judgment of conviction of contempt of court only questions of law may be considered, and newly discovered evidence cannot be admitted.