SALVADOR v. CIRCUIT JUDGE DOI

No. 4740.

50 Haw. 249 (1968)

438 P.2d 392

PAUL SALVADOR v. MASATO DOI, A JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII, AND JOHN H. PETERS, THE PROSECUTING ATTORNEY OF THE CITY AND COUNTY OF HONOLULU, STATE OF HAWAII.

Supreme Court of Hawaii.

February 26, 1968.


Attorney(s) appearing for the Case

Christopher Cobb for petitioner.

Morton King, Deputy Attorney General (Bert T. Kobayashi, Attorney General, with him on the briefs), for respondent Judge Doi.

John A. Radway, Jr., Deputy Prosecuting Attorney, City and County of Honolulu, for respondent Prosecuting Attorney Peters.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE AND LEVINSON, JJ.


Per Curiam.

Paul Salvador, petitioner herein, was indicted by the grand jury for committing burglary in the first degree. To this indictment, he interposed a motion to dismiss on the ground that it did not state an offense, which motion was denied by the circuit judge presiding in the cause. Thereupon, he filed the instant petition for writ of prohibition in this court.

Under R.L.H. 1955, § 236-10, prohibition is an extraordinary writ which issues...

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