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STATE v. SHIGEMATSU

Nos. 4989, 4990.

483 P.2d 997 (1971)

STATE of Hawaii, Plaintiff-Appellant, v. Samuel SHIGEMATSU et al., Defendants-Appellees. STATE of Hawaii, Plaintiff-Appellant, v. Thomas I. FREEMAN et al., Defendants-Appellees.

Supreme Court of Hawaii.

April 7, 1971.

Attorney(s) appearing for the Case

Joseph A. Kinoshita, Deputy Pros. Atty., (Barry Chung, Pros. Atty., Honolulu, with him on the briefs) for plaintiff-appellant.

T. Irving Chang, Honolulu (Jack H. Mizuha, Honolulu, with him on the brief) for defendants-appellees.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and M. DOI, Circuit Judge in place of KOBAYASHI, J., absent due to illness.

ABE, Justice.

The defendants were originally charged in the district court with the violation of HRS § 746-61 because they "were found present in a room or place barred, or barricaded, or built, or protected in a manner to make it difficult of access or ingress to police officers where gambling implements were exhibited or exposed to view."

The district court denied the defendants' motions for dismissal in both cases and upon...

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