TERRITORY OF HAWAII v. MORGENSTEIN

NO. 2853.

39 Haw. 602 (1952)

TERRITORY OF HAWAII v. IRWIN MORGENSTEIN.

Supreme Court of Hawaii.

Decided December 11, 1952.


Attorney(s) appearing for the Case

H.M. Greenstein (also on the briefs) for plaintiff in error.

A.R. Hawkins, Public Prosecutor (also on the brief), for defendant in error.

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


OPINION OF THE COURT BY TOWSE, C.J.

Plaintiff in error was convicted of conspiracy in the first degree.

The pertinent parts of the indictment charged: "* * * that Virgil Allen McDorman, Raymond Francis Doucette, Frank Smith and Irwin Morgenstein * * * did unlawfully, feloniously, knowingly, maliciously and fraudulently combine, mutually undertake, concert and conspire together to commit the crime of malicious burning in the first degree by wilfully and maliciously...

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