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STATE v. RYAN

No. 6390.

612 P.2d 102 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Russell RYAN, Defendant-Appellant.

Supreme Court of Hawaii.

June 3, 1980.

Attorney(s) appearing for the Case

Marshall Chris Peterson, Deputy Public Defender, Wailuku, for defendant-appellant.

Joseph E. Cardoza, Deputy Pros. Atty., County of Maui, Wailuku, for plaintiff-appellee.

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

PER CURIAM.

This is an appeal by the defendant who was convicted of the offense of escape in the second degree, under the provision of HRS § 710-1021 which provides that "[a] person commits the offense of escape in the second degree if he intentionally escapes from a correctional or detention facility or from custody." (Emphasis added) HRS § 710-1000(3) defines the term "custody" to mean "restraint by a public servant pursuant to arrest, detention...

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