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Evening Bulletin
Honolulu, Honolulu County, Hawaii
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In Judge Lindsay's court, the assault case against Thos. Flores is continued as defense attorney Judge Gear argues the indictment is invalid due to improper signing by 'Second' District Attorney General Fleming, potentially allowing other convicts to seek release via habeas corpus.
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FAULTY
INDICTMENT IS MADE
The case of the Territory vs. Thos. Flores, charged with assault with a deadly weapon, was continued this morning in Judge Lindsay's court.
Judge Gear, who is acting for the defence in this case, will bring up a claim that may cause considerable trouble.
He states that the indictment in the case is signed by "Second" District Attorney General Fleming and that under the County Act that the indictments should be signed only by the County Attorney. Also that there is no such legal office as "Second" Deputy Attorney General and that for this reason the indictment is faulty.
In case his plea is sustained it may mean that several prisoners who have already been convicted and are serving sentences will try to obtain their release on habeas corpus proceedings on the same grounds.
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Judge Lindsay's Court
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The case of the Territory vs. Thos. Flores, charged with assault with a deadly weapon, was continued in Judge Lindsay's court. Judge Gear, acting for the defense, claims the indictment is faulty because it is signed by 'Second' District Attorney General Fleming, whereas under the County Act it should be signed only by the County Attorney, and there is no such legal office as 'Second' Deputy Attorney General. If the plea is sustained, several convicted prisoners may seek release on habeas corpus on the same grounds.