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STATE v. BOYNTON

Nos. 5912, 5913.

574 P.2d 1330 (1978)

STATE of Hawaii, Plaintiff-Appellant, v. Lucinda BOYNTON, Defendant-Appellee. STATE of Hawaii, Plaintiff-Appellant, v. Andy UTSAL, Defendant-Appellee.

Supreme Court of Hawaii.

January 24, 1978.

Attorney(s) appearing for the Case

Steven R. Scott, Deputy County Atty., County of Maui, Wailuku, for plaintiff-appellant.

William L. Kohne, Wailuku (Langa & Kohne, Wailuku, of counsel), for defendant-appellee Lucinda Boynton.

Philip H. Lowenthal, Public Defender, Wailuku, for defendant-appellee Andy Utsal.

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

OGATA, Justice.

Each of the defendants-appellees Lucinda Boynton and Andy Utsal (hereinafter appellees) had been charged in two separate three-count indictments returned by the Maui Grand Jury for the alleged offenses of promoting detrimental drugs in the second degree in violation of Sec. 712-1248(1)(c)1 of the Hawaii Revised Statutes, promoting a harmful drug in the third degree in violation of Sec. 712-1246(1)2

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