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MARA v. NAAUAO

No. 4791.

459 P.2d 382 (1969)

Earl Stanley MARA, Petitioner-Appellee, v. Robert NAAUAO, Superintendent, Hawaii State Prison, Respondent-Appellant.

Supreme Court of Hawaii.

October 7, 1969.

Attorney(s) appearing for the Case

Alana W. Lau, Deputy Atty. Gen. (Bert T. Kobayashi, Atty. Gen., and Arthur S. K. Fong, Deputy Atty. Gen., on the brief), for appellant.

Patrick F. Tuohy, Honolulu, for appellee.

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

MARUMOTO, Justice.

This is an appeal by the superintendent of the state prison, respondent in a petition for writ of habeas corpus filed by Earl Stanley Mara, from an order of discharge entered by the first circuit court directing him to release the petitioner from imprisonment under a 20-year sentence imposed on him upon his conviction of first degree burglary in Criminal No. 22554 of that court.

The petitioner was convicted on September 8, 1950, upon his...

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