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STATE v. JOAO

No. 5622.

533 P.2d 270 (1975)

STATE of Hawaii, Plaintiff-Appellant, v. Walter Louis JOAO, Jr., Defendant-Appellee.

Supreme Court of Hawaii.

March 21, 1975.

Attorney(s) appearing for the Case

Larry L. Zenker, Deputy Pros. Atty. (Barry Chung, Pros. Atty., and Douglas L. Halsted, Deputy Pros. Atty., Honolulu, with him on the briefs), for plaintiff-appellant.

Renee M.L. Yuen, Deputy Public Defender (Neal K. Okabayashi, Deputy Public Defender, with her on the brief, Donald K. Tsukiyama, Public Defender, Honolulu, of counsel), for defendant-appellee.

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

MENOR, Justice.

The defendant was charged and indicted for the possession of a firearm in violation of HRS §§ 134-7(b) and 134-7(c). The defendant moved to suppress the firearm as evidence against him. The trial court granted his motion, and the State appeals.

Two police officers testified at the suppression hearing. The defendant offered no evidence.

Officer Clarence DeCaires testified that at approximately 2:05 in the morning of June 27...

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