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STATE v. WILSON

No. 5516.

519 P.2d 228 (1974)

STATE of Hawaii, Plaintiff-Appellant, v. Elizabeth Ellen WILSON and Edward Wilson, Defendants-Appellees.

Supreme Court of Hawaii.

February 14, 1974.

Attorney(s) appearing for the Case

Christopher J. Roehrig, Deputy Pros. Atty., County of Hawaii, Hilo (Paul M. De Silva, Pros. Atty., County of Hawaii, Hilo, of counsel), for plaintiff-appellant.

Steven K. Christensen, Hilo (Christensen & Clark, Hilo, of counsel), for defendants-appellees.

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

PER CURIAM.

This is an appeal, pursuant to Rule 43 of the District Court Rules of Penal Procedure, from the ruling of the district court that it had jurisdiction to entertain motions to suppress evidence at a preliminary hearing of a felony.

ISSUE

Whether the district court has authority to suppress or exclude unconstitutionally obtained evidence in a preliminary hearing on a felony charge.

FACTS

The appellees were charged, pursuant...

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