TERRITORY OF HAWAII v. ABAD

NO. 2851.

39 Haw. 393 (1952)

TERRITORY OF HAWAII v. LEONARDO ABAD AND FRANCISCO PAHINAG.

Supreme Court of Hawaii.

Decided May 12, 1952.


Attorney(s) appearing for the Case

O.P. Soares (also on the brief) for plaintiffs in error.

G.F. St. Sure, Assistant Public Prosecutor (A.R. Hawkins, Public Prosecutor, with him on the brief), for defendant in error.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.


OPINION OF THE COURT BY TOWSE, C.J.

The defendants were convicted of robbery in the second degree. Writ of error issued upon the denial of defendants' motion for a new trial asserting newly discovered evidence.

On April 20, 1949 the complaining witness, Filemon Lata, while proceeding to a bank in Honolulu to withdraw funds, encountered the defendants riding in an automobile. They offered to drive him to the bank. The evidence establishes that upon inquiry...

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