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STATE v. KAHALEWAI

No. 5171.

501 P.2d 977 (1972)

STATE of Hawaii, Plaintiff-Appellee, v. Richard KAHALEWAI, also known as Richard Gabriel, Defendant-Appellant.

Supreme Court of Hawaii.

October 3, 1972.

Attorney(s) appearing for the Case

James Blanchfield, Deputy Public Defender, Honolulu (Brook Hart, Public Defender, Honolulu, with him on the briefs), for defendant-appellant.

Richard D. Wurdeman, Deputy Pros. Atty., Honolulu (Barry Chung, Pros. Atty., Honolulu, with him on the brief), for plaintiff-appellee.

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

RICHARDSON, Chief Justice.

Richard Kahalewai was indicted on September 23, 1970, for having sexual intercourse with a female under the age of sixteen in violation of HRS § 768-62. At the arraignment proceeding on October 2, 1970, at which Mr. Kahalewai was present, counsel for the defendant informed the trial court that the defendant wished to waive his right to trial by jury.1 On October...

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