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STATE v. WAKINEKONA

Nos. 5068, 5072.

499 P.2d 678 (1972)

STATE of Hawaii, Plaintiff-Appellee, v. Delbert Kaahanui WAKINEKONA, Defendant-Appellant. STATE of Hawaii, Plaintiff-Appellee, v. Warren Kalani KAAHANUI et al., Defendants-Appellants.

Supreme Court of Hawaii.

July 19, 1972.

Attorney(s) appearing for the Case

George K. Noguchi, Honolulu, Hawaii, for Wakinekona.

James G. Jung, Jr., Deputy Public Defender, Honolulu, Hawaii, for Kaahanui.

Erick T.S. Moon (Barry Chung, Prosecuting Atty., with him on the briefs) and Franklin K. Mukai, Deputy Pros. Atty., Wooddell, Mukai, Wirtz & Ichiki, Honolulu, Hawaii, for plaintiff-appellee.

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

RICHARDSON, Chief Justice.

On June 27, 1970 appellants Kaahanui and Wakinekona and one Harold A. Kalani visited the XYZ Market operated by Masaharu Obara and his brother Wataru. Kaahanui and Wakinekona entered the store, ostensibly to purchase "sashimi"; once inside, appellants beat and robbed the Obaras. As a result of the beating, Masaharu Obara died. Kaahanui, Wakinekona and Kalani were indicted for the crimes of first degree murder, first degree robbery (two counts...

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