Palakiko

The appellants, Majors and Palakiko, were tried in a Circuit Court of the Territory of Hawaii upon an indictment charging them with murder while committing the crime of rape, murder while attempting to commit rape, and murder with extreme atrocity and cruelty. They were found guilty as charged, sentenced to death, and upon error to the Supreme Court of Hawaii the judgment was affirmed. This is an appeal from that judgment of affirmance, upon the single specification of error that “appellants were denied ‘due process of law * * * under the Fifth Amendment * * * in that, the confessions which were introduced in evidence and used against the appellants in the trial court were not voluntarily made by the appellants.’’’

The body of the murdered woman was discovered in her home, where she lived alone, on March 16, 1948. Death had apparently occurred 3 to 5 days before. She 'had been gagged and bound, her jaws had been broken, and the position and condition of her clothing indicated rape had been committed or attempted. Palakiko and Majors, convicts confined in Oahu prison, had escaped from a work gang on March 10. On March 12, Palakiko was recaptured. After discovery of the murder, and…