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STATE v. BAKER

No. 5480.

525 P.2d 571 (1974)

STATE of Hawaii, Plaintiff-Appellee, v. Clarence Alan BAKER, Defendant-Appellant.

Supreme Court of Hawaii.

August 5, 1974.

Attorney(s) appearing for the Case

Philip H. Lowenthal, Deputy Public Defender, Donald K. Tsukiyama, Public Defender, Honolulu, for defendant-appellant.

Andrew T. Johnson, Jr., Asst. County Atty., Arthur Ueoka, County Atty., Wailuku, Maui, for plaintiff-appellee.

Before RICHARDSON, C.J., and LEVINSON, KOBAYASHI, OGATA and MENOR, JJ.

RICHARDSON, Chief Justice.

Defendant-appellant Clarence Alan Baker was convicted of three counts of forgery in the second degree. In the indictment the state charged that the appellant:

... did, with intent to defraud, falsely complete and utter a written instrument, to wit a check ... thereby committing the offense of Forgery in the Second Degree in violation of Section 708-852 of the Hawaii Revised Statutes.

However HRS § 708-852

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