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STATE v. CANNON

No. 5586.

532 P.2d 391 (1975)

STATE of Hawaii, Plaintiff-Appellee, v. James R. CANNON, Defendant-Appellant.

Supreme Court of Hawaii.

February 24, 1975.

Attorney(s) appearing for the Case

Milton W. B. Choy, Honolulu, for appellant.

George K. Kaeo, Jr., and Barclay E. MacDonald, Deputy Pros. Attys., and Barry Chung, Pros. Atty., City & County of Honolulu, Honolulu, for appellee.

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

RICHARDSON, Chief Justice.

This is an appeal from the District Court of the First Circuit. The defendant was convicted under HRS § 291-41 of driving under the influence of intoxicating liquor.

The issues in this case are:

1) whether, in regard to a motion to acquit in a prosecution for driving under the influence of intoxicating liquor, the prosecution introduced sufficient evidence that the defendant actually drove...

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