David Naumu v. Territory of Hawaii

Naumu appeals from a judgment of the Supreme Court of the Territory of Hawaii affirming judgment of the District Court of Honolulu, by which he has been adjudged guilty of the crime of having, on February 5, 1957, conducted a gambling game.

The game involved was a pinball machine. Upon the attainment of a certain score, the player was awarded free games.

Naumu contends that the operation of such a game is not a violation of the gambling statute of the Territory of Hawaii for the reason that a free game cannot be regarded as a thing of value under the language of that statute and that the Supreme Court of the Territory of Hawaii was in error in its construction of the statute in this respect. Further, he contends that the statute, as construed by the Hawaii court and as applied to him, is void under the Fourteenth Amendment to the Constitution of the United States because of indefiniteness and uncertainty.

Our jurisdiction under 28 U.S.C. § 1293 is here founded upon the fact that a constitutional issue is presented. Naumu suggests that, jurisdiction having been thus conferred, we may consider not only the constitutional issue itself but also the propriety of the construction…