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DAWSON v. LANHAM

No. 5191.

488 P.2d 329 (1971)

Benjamin Kaaa DAWSON Jr., and Walter Louis Joao, Petitioners, v. The Honorable John C. LANHAM, as Judge of the First Circuit Court of the State of Hawaii, and Captain Dorr Barrett, as Superintendent of Halawa Jail, Respondents.

Supreme Court of Hawaii.

Rehearing Denied September 13, 1971.

Attorney(s) appearing for the Case

David C. Schutter, Honolulu, for petitioner Dawson.

Hyman M. Greenstein, Honolulu, for petitioner Joao.

Leland H. Spencer, Deputy Pros. Atty., Honolulu, for respondent Barrett.

E. John McConnell, Jr., Deputy Atty. Gen., Honolulu, for respondent Judge Lanham.

Before RICHARDSON, C.J., ABE, LEVINSON and KOBAYASHI, JJ., and LUM, Circuit Judge, in place of MARUMOTO, J., absent from State.

KOBAYASHI, Justice.

Petitioners filed a petition for writ of habeas corpus. The respondents were ordered to show cause why a writ of habeas corpus should not issue releasing petitioners from incarceration. The following facts are pertinent:

Petitioners were indicted on January 27, 1971, on the charge of murder in the first degree. On March 23, 1971, bail was set by Judge John C. Lanham, judge of the circuit court of the first circuit, at $25,000.00 for each...

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