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STATE v. REVERIO

No. 6411.

595 P.2d 1069 (1979)

STATE of Hawaii, Plaintiff-Appellant, v. Benjamin REVERIO, also known as Benjamin Reverio, Sr., Defendant-Appellee.

Supreme Court of Hawaii.

June 1, 1979.

Attorney(s) appearing for the Case

J. Leo McCormick, Jr., Deputy Pros. Atty. (Cora K. Lum, Deputy Pros. Atty., Honolulu, on the briefs), for plaintiff-appellant.

Lorna Nishimitsu, Deputy Public Defender (Marie N. Milks, Deputy Public Defender, Honolulu, on the brief), for defendant-appellee.

Before RICHARDSON, C.J., OGATA, MENOR, JJ., and MARUMOTO and KOBAYASHI, Retired Justices, assigned by reason of vacancies.

MARUMOTO, Retired Justice.

This is an appeal by the State of Hawaii from an order of the Circuit Court of the First Circuit granting an oral motion of defendant Benjamin Reverio for dismissal, with prejudice, of an indictment charging him with commission of robbery in the first degree.

Defendant was indicted on September 3, 1975. He was arraigned, and pleaded not guilty, on September 12, 1975, at which time the case was set for trial during the week of November...

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