STATE v. KIMBALL

No. 5166.

503 P.2d 176 (1972)

STATE of Hawaii, Plaintiff-Appellee, v. Evelyn KIMBALL, also known as Evelyn Hammond Kimball, Defendant-Appellant.

Supreme Court of Hawaii.

November 10, 1972.


Attorney(s) appearing for the Case

Brook Hart, Special Deputy Public Defender (James Blanchfiled, Honolulu, with him on the briefs, Donald Tsukiyama, Public Defender, of counsel), for defendant-appellant.

Leland Spencer, Deputy Pros. Atty. (Barry Chung, Pros. Atty., and Erick T.S. Moon, Deputy Pros. Atty., Honolulu, on the brief), for plaintiff-appellee.

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


KOBAYASHI, Justice.

This is an appeal by Evelyn Kimball, the defendant, from her conviction and sentence for unlawful possession of harmful drugs in violation of HRS §§ 328-82(3), 328-84(a) and 328-86(c).

FACTS

On the afternoon of June 11, 1970, while school was out for the summer, the defendant and four others were sitting under a tree on school grounds. Upon a complaint from an unknown person, the defendant and others with her were arrested...

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