STATE v. HASSARD

No. 4217.

365 P.2d 202 (1961)

STATE of Hawaii v. Charles Kahale HASSARD, Jr.

Supreme Court of Hawaii.

August 10, 1961.


Attorney(s) appearing for the Case

John F. Alexander, Hughes & Alexander, Honolulu, for appellant.

John H. Peters, Pros. Atty., Herbert Tanigawa, Deputy Pros. Atty., Honolulu, for respondent.

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


MIZUHA, Justice.

Defendant-appellant Charles Kahale Hassard, Jr. was first indicted on April 4, 1960, for carnal abuse of a female under twelve. R.L.H.1955, § 309-20. Upon objection that defendant's wife was called to testify before the grand jury, a nolle prosequi was filed. On June 9, 1960, the defendant was reindicted for the same offense. On June 22, 1960, defendant filed a "Motion to Discharge and Dismiss Defendant" averring that he had not been taken before...

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