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STATE v. BAXTER

No. 4614.

454 P.2d 366 (1969)

STATE of Hawaii, Plaintiff-Appellee, v. Ralph Bowers BAXTER, Jr., Defendant-Appellant.

Supreme Court of Hawaii.

May 9, 1969.

Attorney(s) appearing for the Case

Sanford J. Langa, Wailuku, Maui (Crockett & Langa, Wailuku, Maui, of counsel), for defendant-appellant.

Arthur T. Ueoka, Deputy County Atty., County of Maui (Kase Higa, County Atty., with him on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and OKINO, Circuit Judge, assigned by reason of vacancy.

MARUMOTO, Justice.

On this appeal, appellant, who was convicted of first degree burglary after a jury trial, specifies a number of trial court errors, but the only specification which requires our consideration is the one relating to the instruction admonishing the jury not to draw any inference against him from the fact that he did not testify.1 The instruction was given at the request of the prosecution and over appellant's objection...

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