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STATE v. BENNETT

No. 6263.

610 P.2d 502 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Robert Howard BENNETT, Defendant-Appellant, and Brandon P. Parker, Defendant.

Supreme Court of Hawaii.

April 29, 1980.

Attorney(s) appearing for the Case

Renee M.L. Yuen, Honolulu (Shelton G.W. Jim On, Deputy Public Defender, Honolulu, with her on the briefs), for defendant-appellant.

Peter Carlisle, Deputy Pros. Atty., Honolulu (Paul H. Toyozaki, 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.

Appellant Robert Howard Bennett appeals from a jury conviction for burglary in the first degree.1 We affirm.

At about 4:00 a.m. on June 2, 1975, John Grimes suddenly awoke to find two male strangers searching his belongings on top of a television in the living room of his apartment; he yelled and both fled; he gave chase but lost both outside of his apartment.

Grimes immediately returned to his apartment and...

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