STATE v. KAHALEWAI

No. 5685.

541 P.2d 1020 (1975)

STATE of Hawaii, Plaintiff-Appellant, Cross Appellee, v. James KAHALEWAI, Defendant-Appellee, Cross Appellant.

Supreme Court of Hawaii.

Rehearing Denied December 3, 1975.


Attorney(s) appearing for the Case

Dale Lee, Deputy Pros.Atty. (Charlotte E. Libman, Deputy Pros.Atty. on the briefs, Maurice Sapienza, Pros.Atty., Honolulu, of counsel), for plaintiff-appellant, cross appellee.

Simeon Acoba, Jr., Honolulu, for defendant-appellee, cross appellant.

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


OGATA, Justice.

Pursuant to HRS § 641-13(1), and H.R.Cr.P., Rule 37(e), the State has appealed from the order which dismissed a misdemeanor complaint against defendant with prejudice. Defendant has cross-appealed insofar as the trial court rejected the other grounds urged below in support of his motion to dismiss. We reverse the order which dismissed the complaint with prejudice, but otherwise affirm the trial court's disposition of defendant's motion to dismiss...

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