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STATE v. POKINI

No. 5694.

548 P.2d 1402 (1976)

STATE of Hawaii, Plaintiff-Appellee, v. James POKINI, also known as James K. Pokini, Defendant-Appellant.

Supreme Court of Hawaii.

Rehearing Denied June 10, 1976.

Attorney(s) appearing for the Case

Donald K. Tsukiyama, Public Defender, Honolulu, for defendant-appellant.

Maurice Sapienza, Pros. Atty., Honolulu (George H. Yamamoto, Deputy Pros. Atty., Honolulu, on the brief) for plaintiff-appellee.

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

MENOR, Justice.

The defendant [Pokini] was indicted on October 11, 1972 for the first degree murder of Doris "Pinkie" McCoy on or about February 1, 1972. He was found guilty of the offense by a jury, and judgment and sentence was entered on May 21, 1974. The defendant appeals from the judgment and sentence and from the order denying his motion for a new trial.

Only one specification of error merits serious consideration. At issue is whether the trial court...

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