STATE v. PETERS

No. 4105.

352 P.2d 329 (1959)

STATE of Hawaii v. Herbert PETERS.

Supreme Court of Hawaii.

November 23, 1959.


Attorney(s) appearing for the Case

David K. Namaka, Honolulu, for plaintiff-in-error.

Frederick J. Titcomb, Deputy Pros. Atty., Honolulu (John H. Peters, City and County Pros. Atty., Honolulu), for defendant-in-error.

Before TSUKIYAMA, C. J., and MARUMOTO, CASSIDY, WIRTZ and LEWIS, JJ.


TSUKIYAMA, Chief Justice.

The appellant was indicted for, tried and convicted by a jury of robbery in the second degree.

The facts involved are relatively simple. Defendant and one Wallace Hisamura drove to a parking lot on Kekaulike Street, Honolulu, in the rear of Mollie's Cafe, located on Hotel Street. According to the testimony of Hisamura, because defendant was "feeling high", he carried defendant through Wo Fat alley and entered Mollie's Cafe. After...

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