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STATE v. BAKER

Nos. 5723, 5728, 5732, 5734 and 5737.

535 P.2d 1394 (1975)

STATE of Hawaii, Plaintiff-Appellant, v. Thomas W. R. BAKER, Defendant-Appellee. STATE of Hawaii, Plaintiff-Appellant, v. Donald S. DIXON, Defendant-Appellee. STATE of Hawaii, Plaintiff-Appellant, v. David Bokie EVANGELISTA et al., Defendants-Appellees. STATE of Hawaii, Plaintiff-Appellant, v. Jeffrey M. SCHAEFER, Defendant-Appellee. STATE of Hawaii, Plaintiff-Appellant, v. Tommy J. MITCHELL et al., Defendants-Appellees.

Supreme Court of Hawaii.

May 12, 1975.

Attorney(s) appearing for the Case

Charlotte Libman, Deputy Pros. Atty., Barry Chung, Pros. Atty., City and County of Honolulu, Honolulu, for plaintiff-appellant.

Chris Peterson, Deputy Public Defender, Donald K. Tsukiyama, Public Defender, Honolulu, for defendants-appellees.

Before RICHARDSON, C. J., KOBAYASHI, OGATA and MENOR, JJ., and R. V. LEWIS, Retired Justice, assigned by reason of vacancy.

R. V. LEWIS, Justice (Assigned).

Each of the defendants in these consolidated cases was charged in the District Court of the First Circuit under section 1249 of the Hawaii Penal Code,1 which reads:

Sec. 1249 — Promoting a detrimental drug in the third degree. (1) A person commits the offense of promoting a detrimental drug in the third degree if he knowingly and unlawfully possesses any marijuana or any...

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