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STATE v. IREBARIA

No. 5726.

535 P.2d 1406 (1975)

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

Supreme Court of Hawaii.

June 2, 1975.

Attorney(s) appearing for the Case

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

George K. K. Kaeo, Jr., Deputy Pros. Atty. (Charlotte E. Libman, Deputy Pros. Atty., on the brief), for plaintiff-appellee.

Before RICHARDSON, C. J., and KOBAYASHI, OGATA, and MENOR, JJ., and Circuit Judge SHINTAKU, Assigned by Reason of Vacancy.

PER CURIAM.

In State v. Kamae, 56 Haw. 32, 36, 526 P.2d 1200, 1203 (1974), we quoted, inter alia, the following with approval from Coppedge v. United States, 369 U.S. 438, 448, 82 S.Ct. 917, 8 L.Ed.2d 21 (1962):

"It is the burden of the Government, in opposing an attempted criminal appeal in forma pauperis, to show that the appeal is lacking...

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