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TERRITORY v. GAUDIA

NO. 3017.

41 Haw. 213 (1955)

TERRITORY OF HAWAII v. EULALIO GAUDIA.

Supreme Court of Hawaii.

Decided September 30, 1955.

Attorney(s) appearing for the Case

R.E. St. Sure, Deputy Prosecutor (also on the briefs), for the Territory, appellant.

D.N. Ingman (also on the brief), for defendant-appellee.

TOWSE, C.J., STAINBACK AND RICE, JJ.

OPINION OF THE COURT BY TOWSE, C.J.

This cause is before the court upon an interlocutory appeal from an order denying the Territory of Hawaii's motion for a mental examination of the defendant.

The defendant below was indicted for murder in the first degree and, upon arraignment, a plea of not guilty was entered on his behalf. The Territory thereupon moved for a mental examination of the defendant under the provisions of section 10826, Revised Laws of Hawaii...

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