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STATE v. SCOTLAND

No. 6011.

572 P.2d 497 (1977)

STATE of Hawaii, Plaintiff-Appellant, v. Robert Anthony SCOTLAND, Defendant-Appellee.

Supreme Court of Hawaii.

December 2, 1977.

Attorney(s) appearing for the Case

Calvin K. Murashige, Deputy Pros. Atty., County of Kauai, Lihue, Kauai, for plaintiff-appellant.

James G. Jung, Jr., Deputy Public Defender, Lihue, Kauai, for defendant-appellee.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

PER CURIAM.

Defendant-appellee, Robert Anthony Scotland (hereinafter appellee), was indicted by the Kauai Grand Jury for the offense of promoting a harmful drug in the first degree in violation of § 1244(1)(d) of the Hawaii Penal Code, as enacted by Act 9, Session Laws of Hawaii 1972.1 The trial court quashed the indictment upon appellee's motion and the State appeals. We reverse and remand the case for further proceedings.

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