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STATE v. GAGER

No. 4204.

370 P.2d 739 (1962)

STATE of Hawaii v. John Franklin GAGER and Douglas Benjamin Histo.

Supreme Court of Hawaii.

March 30, 1962.

Attorney(s) appearing for the Case

Hyman M. Greenstein, Greenstein & Franklin, Honolulu, for appellants.

John H. Peters, Pros. Atty., and Kenneth K. Saruwatari, Deputy Pros. Atty., Honolulu, for respondent.

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

WIRTZ, Justice.

John Franklin Gager, Douglas Benjamin Histo, Leroy Samuel Oliveira and Andrew Fuchs were jointly indicted on October 8, 1959, for raping Charlene Berg on September 13, 1959. They were jointly tried by a jury which found appellants Gager and Histo guilty of attempted rape while acquitting the other defendants. From the judgment and sentence imposed on July 15, 1960, appellants have brought this appeal.

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