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STATE v. JOAO

No. 5189.

491 P.2d 1089 (1971)

STATE of Hawaii, Plaintiff-Appellant, v. Walter Louis JOAO and Benjamin Kaaa Dawson, Jr., Defendants-Appellees.

Supreme Court of Hawaii.

December 13, 1971.

Attorney(s) appearing for the Case

Michael A. Weight, Deputy Pros. Atty., Honolulu, (Barry Chung, Pros. Atty., Honolulu, of counsel), for plaintiff-appellant.

Charles Lotsof, Honolulu (Hyman M. Greenstein, Honolulu, of counsel), for defendant-appellee Joao.

David C. Schutter, Honolulu, for defendant-appellee Dawson.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

LEVINSON, Justice.

In January, 1971, the grand jury returned an indictment against defendants-appellees Joao and Dawson for first degree murder. For reasons not material here, the Honorable John C. Lanham, judge of the First Circuit Court, subsequently granted a motion for production of a transcript of the testimony of Cole Kekahuna, the State's sole witness before the grand jury and the original person indicted for the same murder. The transcript revealed that in...

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