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SANTOS v. NAHIWA

No. 5054.

487 P.2d 283 (1971)

Daniel SANTOS, Petitioner-Appellee, v. Thomas NAHIWA, Officer in Charge of Hilo County Jail, or Ernest J. Fergerstrom, Chief of Police, Respondents-Appellants.

Supreme Court of Hawaii.

July 6, 1971.

Attorney(s) appearing for the Case

George S. Yuda, Asst. Corp. Counsel, County of Hawaii, Wendell K. Kimura, Corp. Counsel, Hilo, with him on the briefs, for respondents-appellants.

Steven K. Christensen, Deputy Public Defender, Hilo, Brook Hart, Chief Public Defender, with him on the brief, for petitioner-appellee.

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

KOBAYASHI, Justice.

This appeal raises several issues involving the constitutionality of HRS Chapter 709, Part II, "Bond to Keep the Peace."1 While confined in Hilo County Jail on August 6, 1970 appellee Santos filed a petition for writ of habeas corpus in the Circuit Court of the Third Circuit. Ruling favorably on his petition the circuit court ordered appellant, the officer in charge of the Hilo County Jail, to release Santos from state...

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