Warner

Warner v. Territory of Hawaii

Good Law
206 F.2d 851·1953 U.S. App. LEXIS 2805
United States Court of Appeals for the Ninth CircuitSeptember 4, 195313448California568 words

Opinion

Opinion

Mathes, J.

Appellant was convicted in the Circuit Court of the Territory of Hawaii of five separate offenses of inducing, compelling or procuring one “Gertrude * * * to practice prostitution * * § 11676, Revised Laws of Hawaii (1945), as amend ed by Act 26, Session Laws of Hawaii (1949) p. 597; see Territory v. Tam, 1942, 36 Haw. 32 .

The trial court imposed a term of imprisonment for each offense and ordered that the sentences be served concurrently. The Supreme Court of the Territory of Hawaii affirmed the judgment. Territory v. Warner, 1952, 39 Haw. 386 . Appellant now presents his appeal to this court.

The threshold issue in every case in the federal courts is the issue of jurisdiction. Mansfield, C. & L. M. Railway Co. v. Swan, 1884, 111 U.S. 379, 382 , 4 S.Ct. 510, 28 , L.Ed. 462; Brown v. Keene, 1834, 8 Pet. 112 , 33 U.S. 112 , 8 L.Ed. 885 . “This question the court is bound to ask and answer for itself, even when not other-wise suggested * * Mansfield, C. & L. M. Railway Co. v. Swan, supra, 111 U.S. at page 382 , 4 S.Ct. at page 511 .

The Congress has conferred upon this court jurisdiction of appeals from final decisions of the Supreme Court of Hawaii in cases “involving the…

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