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STATE v. IREBARIA

No. 5356.

519 P.2d 1246 (1974)

STATE of Hawaii, Plaintiff-Appellee, v. Edward Y. IREBARIA, Defendant-Appellant.

Supreme Court of Hawaii.

March 14, 1974.

Attorney(s) appearing for the Case

David W. Hall, Honolulu (Hart, Sherwood, Leavitt, Blanchfield & Hall, Honolulu, of counsel), for defendant-appellant.

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

Before RICHARDSON, C.J., LEVINSON, KOBAYASHI and OGATA, JJ., and Circuit Judge LUM assigned by reason of vacancy.

RICHARDSON, Chief Justice.

At approximately 2:10 a.m. on March 16, 1971, two persons wearing nylon stockings over their faces and carrying handguns entered and robbed Funai's Union Service Station. Testimony is conflicting as to whether one or both robbers were wearing dark blue jackets, however, at least one of the robbers was wearing such a jacket. The robber who was approximately 5' 6" and carrying a .22 caliber semi-automatic pistol fired a shot in the course...

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