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STATE v. ALTERGOTT

No. 5755.

559 P.2d 728 (1977)

STATE of Hawaii, Plaintiff-Appellee, v. Richard D. ALTERGOTT, Defendant-Appellant.

Supreme Court of Hawaii.

January 31, 1977.

Attorney(s) appearing for the Case

James T. Leavitt, Jr., Honolulu (Hart, Leavitt & Hall, Honolulu, of counsel), for defendant-appellant.

Charles A. Viviano, Deputy Pros. Atty., City and County of Honolulu, Honolulu, for plaintiff-appellee.

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

KIDWELL, Justice.

This is an appeal from a conviction of kidnapping and sodomy in the first degree. The complaining witness testified that the appellant came to the door of her home on the morning of March 22, 1974; that she was alone in the house except for her sleeping three-year old son; that she had never seen the appellant before but allowed him to enter upon his representation that his car had broken down and his request...

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