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STATE v. SWAIN

No. 6813.

599 P.2d 282 (1979)

STATE of Hawaii, Plaintiff-Appellee, v. George SWAIN, Defendant-Appellant.

Supreme Court of Hawaii.

August 21, 1979.

Attorney(s) appearing for the Case

Michael T.I. Kim, Honolulu, on the brief, for defendant-appellant.

Robert P. Goldberg, Deputy Pros. Atty., Honolulu, on the brief, for plaintiff-appellee.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., KOBAYASHI, Retired Justice, and LUM, Circuit Judge, assigned by reason of vacancies.

PER CURIAM.

The defendant was convicted of assault in the third degree, under HRS § 707-712. He appeals, claiming (1) that the trial court erred in denying his motion for a new trial by jury, and (2) that he did not effectively waive his right to trial by jury.

The offense of which the defendant was convicted on the facts was a misdemeanor, punishable by imprisonment for not more than one year. It was not a petty misdemeanor. HRS § 707-712; HRS ...

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