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STATE v. CHANG

No. 4202.

374 P.2d 5 (1962)

STATE of Hawaii v. Harold H. CHANG and Edward P. Toner.

Supreme Court of Hawaii.

July 20, 1962.

Attorney(s) appearing for the Case

Bert T. Kobayashi and Noboru Nakagawa, Honolulu, for Harold H. Chang, defendant-plaintiff in error.

Robert E. St. Sure, Honolulu, for Edward P. Toner, defendant-plaintiff in error.

John H. Peters, Pros. Atty., City and County of Honolulu, and Harold K.C. Hu, Deputy Pros. Atty., for the State, plaintiff-defendant in error.

Before TSUKIYAMA, C.J., CASSIDY and WIRTZ, JJ., HEWITT, Circuit Judge, in place of LEWIS, J., disqualified, and TASHIRO, Circuit Judge, in place of MIZUHA, J., disqualified.

CASSIDY, Justice.

Appellants Harold H. Chang and Edward P. Toner were charged with conspiracy in the first degree in a single count indictment alleging that sometime prior to August 4, 1959, they mutually undertook and conspired to commit the offense of gross cheat with intent to defraud the City and County of Honolulu of more than $100 by "a scheme whereby false and fraudulent claims for the delivery of and payment for Incontinent Pads to Maluhia Hospital were made...

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