Warren v. Territory of Hawaii, No. 9506.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtDENMAN, MATHEWS, and HEALY, Circuit
Citation119 F.2d 936
PartiesWARREN v. TERRITORY OF HAWAII.
Decision Date19 May 1941
Docket NumberNo. 9506.

119 F.2d 936 (1941)

WARREN
v.
TERRITORY OF HAWAII.

No. 9506.

Circuit Court of Appeals, Ninth Circuit.

May 19, 1941.


Charles B. Dwight, of Honolulu, T. H., for appellant.

Chas. E. Cassidy, Public Pros., and Kenneth E. Young, Deputy Public Pros., both of Honolulu, T. H., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

119 F.2d 937

DENMAN, Circuit Judge.

This is an appeal from a judgment of the Supreme Court of the Territory of Hawaii affirming a judgment of the Circuit Court of the First Circuit of the Territory of Hawaii of conviction for manslaughter by the procuress of a house of prostitution in Honolulu, who caused the death by electrocution of a police officer in the course of an attempt by the Honolulu Police Department to suppress that institution.

The mores of Hawaii proscribed such an institution and made its maintenance a misdemeanor.* It was particularly a menace as a place for the dissemination of venereal disease and perversion of sex because maintained near a camp of some 8,000 United States soldiers. The evidence is convincing that after an attempted police suppression a year before the appellant-procuress reopened her brothel and sought to frustrate such future interference by installing a high voltage electrical current connecting with a copper lattice-like plate on the door of the "house." By a switch which she could operate, she could send through the body of a policeman who touched the copper lattice in seeking entrance the high voltage current. The apparatus she first caused to be installed was insufficient in its shock and she had the transformer changed to increase its intensity. There is evidence from which the jury could infer that the procuress knew of the dangerous character of her device to resist the law officers. The evidence that the brothel keeper's device was aimed specifically at the Police Department is not the less significant because shown to be aimed also at possible burglars, there having been a previous burglary, and against drunken soldiers, who, lured there by the vicious persons she had gathered, might struggle to open or pound against the door.

The Police Department suspected the reopening of the brothel and sent one of its officers to investigate. This officer sought admission which was granted by the procuress, who sent one of her prostitutes to admit him. This prostitute took the officer to her room where she received the customary "professional dishonorarium" and sufficiently confirmed the Department's suspicion of the commission of the misdemeanor. By prearrangement, other officers were nearby, who, upon being advised by the police whistle of the officer inside that he needed assistance in making an arrest, were to enter. He seized the prostitute who had solicited him and blew his whistle, going to the front door to open it, when the procuress forcibly attempted to prevent him. He saw her arm extended inside the casing of another door leading upstairs where she made a downward motion of her hand, which later proved to have opened the switch and turned the high voltage current into the copper lattice outside the entrance door and into the officer's body.

Hearing the police whistle indicating need of assistance, one of the officers outside, finding the entrance door would not open took hold of the copper lattice to pull it towards him. The electrical current passed through his body and killed him. The point of electrical contact was the officer's burned thumb.

The police looked about after the door was opened by the officer inside and saw the wiring which led from the door to the transformer of the high voltage current. With the probable likelihood that someone still concealed in the house had committed one manslaughter and might commit another, the police entered the...

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10 practice notes
  • Crews v. United States, No. 8507.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • June 14, 1978
    ...are other cases which have addressed inevitability concepts but defy rigid categorization. See, e. g., Warren v. Territory of Hawaii, 119 F.2d 936 (9th Cir. 1941). The rationales for rejecting inevitable discovery doctrine in the present case are equally applicable in these other situations......
  • State v. Foster, No. 4139
    • United States
    • Supreme Court of Hawai'i
    • August 16, 1960
    ...37 Haw. 586; Territory v. Meyer, 37 Haw. 102, affirmed 9 Cir., 164 F.2d 845; Territory v. Warren, 35 Haw. 232, 241, affirmed 9 Cir., 119 F.2d 936; see also Territory v. Martin, 39 Haw. 100, 110. However, prior to Territory v. Meyer the court waived the rule on occasion. Territory v. Taok, 3......
  • State v. Kitashiro, No. 4380
    • United States
    • Supreme Court of Hawai'i
    • December 2, 1964
    ...or derived from information obtained by an illegal seizure is not per se inadmissible. Close to home is Warren v. Territory, 9 Cir., 119 F.2d 936 (decided on appeal from this jurisdiction), in which it is stated at p. 938 on authority of the Silverthorne case '[K]nowledge of facts gained fr......
  • State v. Evans, No. 4219
    • United States
    • Supreme Court of Hawai'i
    • June 1, 1962
    ...307. The questions involved in the contention under Silverthorne are illustrated by Territory v. Warren, 35 Haw. 232, 240, aff'd, 9 Cir., 119 F.2d 936, 938, and by a line of cases commencing with the remand for further proceedings made in Weiss v. United States, 308 U.S. 321, 60 S.Ct. 269, ......
  • Request a trial to view additional results
10 cases
  • Crews v. United States, No. 8507.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • June 14, 1978
    ...are other cases which have addressed inevitability concepts but defy rigid categorization. See, e. g., Warren v. Territory of Hawaii, 119 F.2d 936 (9th Cir. 1941). The rationales for rejecting inevitable discovery doctrine in the present case are equally applicable in these other situations......
  • State v. Foster, No. 4139
    • United States
    • Supreme Court of Hawai'i
    • August 16, 1960
    ...37 Haw. 586; Territory v. Meyer, 37 Haw. 102, affirmed 9 Cir., 164 F.2d 845; Territory v. Warren, 35 Haw. 232, 241, affirmed 9 Cir., 119 F.2d 936; see also Territory v. Martin, 39 Haw. 100, 110. However, prior to Territory v. Meyer the court waived the rule on occasion. Territory v. Taok, 3......
  • State v. Kitashiro, No. 4380
    • United States
    • Supreme Court of Hawai'i
    • December 2, 1964
    ...or derived from information obtained by an illegal seizure is not per se inadmissible. Close to home is Warren v. Territory, 9 Cir., 119 F.2d 936 (decided on appeal from this jurisdiction), in which it is stated at p. 938 on authority of the Silverthorne case '[K]nowledge of facts gained fr......
  • State v. Evans, No. 4219
    • United States
    • Supreme Court of Hawai'i
    • June 1, 1962
    ...307. The questions involved in the contention under Silverthorne are illustrated by Territory v. Warren, 35 Haw. 232, 240, aff'd, 9 Cir., 119 F.2d 936, 938, and by a line of cases commencing with the remand for further proceedings made in Weiss v. United States, 308 U.S. 321, 60 S.Ct. 269, ......
  • Request a trial to view additional results

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