STATE v. HOGUE

No. 4987.

486 P.2d 403 (1971)

STATE of Hawaii, Plaintiff-Appellee, v. Gregory Dale HOGUE, Defendant-Appellant.

Supreme Court of Hawaii.

June 15, 1971.


Attorney(s) appearing for the Case

John S. Edmunds, Chief Deputy Public Defender (Brook Hart, Public Defender, Honolulu, on the briefs), for appellant.

Gerald S. Matsunaga, Deputy County Atty., County of Kauai (Kei Hirano, County Atty., on the brief), for appellee.

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


MARUMOTO, Justice.

Defendant was convicted after a jury trial in the circuit court of knowingly possessing marihuana in violation of HRS § 329-5. The portion of the statute relevant to this case reads as follows:

"§ 329-5. Additional acts prohibited; penalty. No person shall knowingly plant, cultivate, produce, manufacture, possess, have under his control, prescribe, administer, or compound any narcotic drug as defined by section 329-1 except...

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