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STATE v. YOSHINO

No. 4604.

439 P.2d 666 (1968)

STATE of Hawaii v. Richard Toshishige YOSHINO and Pontiano Rapanal, also known as "Poncho", David Pontiano Libres and David Libres Rapanal.

Supreme Court of Hawaii.

April 4, 1968.

Attorney(s) appearing for the Case

Ernest Y. Yamane, Honolulu (Bicoy & Yamane, Honolulu, of counsel) for defendant-appellant Yoshino.

Hyman M. Greenstein, Honolulu (James G. Jung, Jr., Honolulu, with him on the briefs, Greenstein, Cowan & Carlsmith, Honolulu, of counsel) for defendant-appellant Rapanal.

T. Irving Chang and John A. Radway, Jr., Deputy Pros. Attys., City and County of Honolulu (John H. Peters, Pros. Atty., Honolulu, with them on the brief) for the State, plaintiff-appellee.

Before RICHARDSON, C.J., MIZUHA, MARUMOTO and ABE, JJ., and DOI, Circuit Judge in place of LEVINSON, J., disqualified.

ABE, Justice.

Defendants Richard Toshishige Yoshino and Pontiano Rapanal, also known under several aliases, were indicted of the crime of murder in the first degree for killing Masao Miyagawa on December 29, 1965, at the Hawaii State Prison.

A joint jury trial of both defendants began on August 15, 1966. At the trial it was brought out that prior to the killing of Masao Miyagawa, a stabbing had occurred on the early morning hours of December 29, 1965, and...

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