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STATE v. LAYTON

No. 5208.

497 P.2d 559 (1972)

STATE of Hawaii, Plaintiff-Appellant, v. Warren A. LAYTON, Defendant-Appellee.

Supreme Court of Hawaii.

May 25, 1972.

Attorney(s) appearing for the Case

Leland H. Spencer, Deputy Pros. Atty., City and County of Honolulu (Barry Chung, Pros. Atty., with him on the brief), for plaintiff-appellant.

James T. Leavitt, Jr., Honolulu (Hart, Sherwood, Leavitt, Blanchfield & Hall, Honolulu, of counsel), for defendant-appellee.

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

MARUMOTO, Justice.

This is an appeal by the State of Hawaii from a circuit court order granting the motion of defendant to dismiss an indictment against him for first degree murder. The appeal is authorized under HRS § 641-12.

The ground stated for the motion was that "the Grand Jury was presented with only hearsay evidence, and that neither the hearsay evidence itself, nor the declarations upon which the hearsay was premised would be admissible in a...

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