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CHUNG v. OGATA

No. 5260.

495 P.2d 26 (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.

March 20, 1972.

Attorney(s) appearing for the Case

George Pai, Atty. Gen., State of Hawaii, and Robert P. Jaress, Deputy Atty. Gen., Honolulu, for respondent Judge Ogata for the petition.

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

PETITION FOR REHEARING

PER CURIAM.

The petition for rehearing is denied without argument. We see no merit in the equal protection argument.

Preliminary hearing is not accorded to a person who is indicted by a grand jury in the first instance and is thereafter arrested. The constitutionality of that procedure has never been questioned.

The right to a preliminary hearing exists only with respect to a person who is first arrested and is then...

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