Yeung

John Kong Yeung, the appellant (defendant below), was charged with murder in the second degree in violation of Section 5990, Revised Laws of Hawaii 1935, in an indictment returned on October 2, 1941, by a grand jury impaneled for the First Judicial Circuit of the Territory of Hawaii. The circuit court for that circuit assumed jurisdiction over the defendant and of the cause covered by the indictment under the criminal statutes of the Territory of Hawaii, Section 3643, Revised Laws of Hawaii 1935. After arraignment, but prior to entry of plea, the defendant filed a petition in the United States District Court for the Territory of Hawaii praying for a removal of the cause against him to that court. A writ of habeas corpus cum causa was issued in response to the petition and the cause was ordered removed to the federal district court. The Territory interposed a motion for a remand of the cause to the court of origin on the general grounds that the averments of the petition were too indefinite and insufficient to support a removal or a determination of whether the cause was one that might be removed. Thereupon the defendant obtained leave to file, and did file, an amended petition,…