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CHUNG v. OGATA

No. 5260.

493 P.2d 1342 (1972)

Barry CHUNG, Prosecuting Attorney, City and County of Honolulu, State of Hawaii, Petitioner, v. Thomas S. OGATA, Judge, Circuit Court, First Circuit, State of Hawaii, and Guy Contemplo, Respondents.

Supreme Court of Hawaii.

Rehearing Denied March 20, 1972.

Attorney(s) appearing for the Case

Douglas L. Halsted, Deputy Pros. Atty., City and County of Honolulu Honolulu, for petitioner.

James T. Leavitt, Jr., Honolulu (Leavitt & Hall, Honolulu, of counsel), for respondent Guy Contemplo.

Robert P. Jaress, Deputy Atty. Gen. of Hawaii, Honolulu, for respondent Judge Ogata.

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

Rehearing Denied March 20, 1972. See 495 P.2d 26.

PETITION FOR WRIT OF PROHIBITION

1. Purpose of a preliminary examination is to prevent a person from being held in custody without a prompt determination of probable cause.

2. Discovery is not one of the purposes of a preliminary hearing, although when such hearing is held there is some discovery of the government's evidence.

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