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STATE v. AUSTRIA

No. 5568.

524 P.2d 290 (1974)

STATE of Hawaii, Plaintiff-Appellant, v. Narcisso AUSTRIA, Defendant-Appellee (two cases). STATE of Hawaii, Plaintiff-Appellant, v. Frederico DERIZA et al., Defendants-Appellees.

Supreme Court of Hawaii.

July 11, 1974.

Attorney(s) appearing for the Case

Paul M. De Silva, Pros. Atty., County of Hawaii, Hilo, for plaintiff-appellant.

Steven K. Christensen, Hilo, for defendants-appellees.

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

LEVINSON, Justice.

The sole question in this appeal is the sufficiency of a police officer's affidavit to support a search warrant. The defendants were charged with the offense of Promoting Gambling in the Second Degree, HRS § 712-1222 (Supp. 1973). They moved to suppress evidence of the charged offense which had been seized pursuant to a search by search warrant of an alleged illegal gambling establishment. The circuit court found a lack of probable cause to...

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