STATE v. BRIGHTER

No. 5830.

589 P.2d 527 (1979)

STATE of Hawaii, Plaintiff-Appellee, v. David H. BRIGHTER, Defendant-Appellant.

Supreme Court of Hawaii.

January 12, 1979.


Attorney(s) appearing for the Case

Rogers M. Ikenaga, Honolulu, for defendant-appellant.

Andrew P. Wilson, Deputy Pros. Atty., Hilo (Paul M. de Silva, Pros. Atty., Hilo, on the brief), County of Hawaii, for plaintiff-appellee.

Before RICHARDSON, C.J., and OGATA and KIDWELL, JJ., and KATO, Circuit Judge, in place of MENOR, J., disqualified.


KIDWELL, Justice.

In this appeal from a conviction of promoting detrimental drugs in the first degree, in violation of HRS § 712-1247(1)(e), the only question presented is whether the trial court should have suppressed as evidence marijuana plants seized upon appellant's premises pursuant to a search warrant. We affirm.

Appellant contends that the observation by a police officer of plants growing in the rear of appellant's residence, which furnished probable...

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