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STATE v. BANNISTER

No. 6712.

594 P.2d 133 (1979)

STATE of Hawaii, Plaintiff-Appellee, v. William Llewelyn BANNISTER, Defendant-Appellant.

Supreme Court of Hawaii.

Rehearing Denied July 10, 1979.

Attorney(s) appearing for the Case

Dale W. Lee, Ukishima & Matsubara, Honolulu, for defendant-appellant.

Robert P. Goldberg, Deputy Pros. Atty., City and County of Honolulu, Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., and MARUMOTO, Retired Justice, in place of KIDWELL, J., absent.

RICHARDSON, Chief Justice.

William Llewelyn Bannister was convicted of first degree theft in a jury-waived trial.

We reverse.

The section of the first degree theft statute under which the defendant was charged, HRS § 708-831(1)(b), requires that the defendant commit theft of "property or services the value of which exceeds $200."

Bannister stole an undetermined number of aloha-print shorts. The retail value of the shorts was $6.50 each...

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