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STATE v. POKINI

No. 4203.

367 P.2d 499 (1961)

STATE of Hawaii v. James Kalaukoa POKINI and Henry Villita.

Supreme Court of Hawaii.

October 10, 1961.

Attorney(s) appearing for the Case

Ton Seek Pai, Honolulu, for plaintiffs in error.

Herbert H. Tanigawa, Deputy Pros. Atty., City and County of Honolulu, Honolulu, John H. Peters, Pros. Atty., City and County of Honolulu, Honolulu, on the briefs, for the State.

Before TSUKIYAMA, C. J., CASSIDY, WIRTZ, and LEWIS, JJ., and CROCKETT, Circuit Judge, assigned by reason of vacancy.

LEWIS, Justice.

Defendant-appellants were jointly tried on two indictments presented October 29, 1959, for robbery first degree. The indictment in the one case, Criminal No. 31125, which we will refer to as the first incident or the Fernandez case, was for the robbery of Kalani Fernandez of $300 on September 6, 1959. In the other case, Criminal No. 31126, the indictment was for the robbery of Harry K. Sonoda of $400 on the same day.

The two cases were consolidated...

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