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3 Haw. 462

The King v. Buffum

Hawaii Supreme Court

Decided July 15, 1871

Hawaii Supreme Court · decided 1871-07-15

Exceptions from the last April term. The defendant was convicted before the Police Justice of Honolulu of violating the provisions of the 4th Section of the Act of July 28d, 1868, Chapter 88, Compiled Penal Code, viz.: “Every licensed physician, druggist or apothecary who shall compound, sell or deliver any prescription containing any poisonous drug, or substance deleterious to human life, to be used as medicine, shall enter upon his books said prescription written out in…

Decided 1871-07-15

¶1OPINION OF THE COURT BY

HARTWELL, J.

¶2The act complained of is termed an offence by the statute itself, Section 5, p. 263, Penal Code; and is defined as a misdemeanor. Ib., Section 2, p. 1. For an offence within the jurisdiction of Police and District Magistrates, a criminal complaint like the present is the correct procedure. Const., Article 7. A violation of statute requirements concerning licensed physicians is a violation of a license law within the meaning of the statute which makes all offences of violating license laws cognizable before the Police and District Justices. Ib., p. 127, Sect. 9, and of pp. 141, Sect. 47, 142, Sect. 51, Civil Code, p. 7, Sect. 11.

¶3The statute plainly requires medical prescriptions containing any poisonous ingredient to be recorded. The instruction prayed for would set aside the statute, and the one given was extremely favorable.

¶4The record is sufficiently full for statute requirements, *465although if requested at the trial, further specifications would have, been required to be given and recorded. Rex vs. Gillingham, 2 Haw., p. 760. The records show a conviction and a judgment before the Police Court.

Honolulu, August 2d, 1871.

¶5Exceptions overruled.

¶6The Attorney General then moved for judgment, which was pronounced by the Chief Justice, who tried the cause, — ■ $250 fine and costs.

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