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STATE v. HARPER

No. 7526.

620 P.2d 1087 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. William Patterson HARPER, also known as William P. HARPER, Christopher A. Davis, also known as Chris A. Davis, Defendants, and Patrick Michael Miller, also known as Patrick M. Miller, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

December 12, 1980.

Attorney(s) appearing for the Case

James D. Comack, Public Defender, Honolulu (Riccio M. Tanaka and Michael K. Tateishi, Deputy Public Defenders, Honolulu, on the briefs), for defendant-appellant.

Archibald C.K. Kaolulo, Deputy Pros. Atty., Honolulu (John D. Yamane, Deputy Pros. Atty., Honolulu, on the brief), for plaintiff-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

HAYASHI, Chief Judge.

Appellant Miller appeals from a conviction for two counts of robbery in the first degree in violation of Hawaii Revised Statutes (HRS) § 708-840(1)(b). The case was tried by the judge without a jury.

The issues raised on appeal are (1) whether there is substantial evidence to support the conclusion of the trial judge that the pellet pistol used in the commission of the offense was loaded; (2) whether the pellet pistol used in the...

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