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STATE v. MAYO

No. 7447.

612 P.2d 107 (1980)

STATE of Hawaii, Plaintiff-Appellant, v. Rory MAYO, Defendant-Appellee.

Supreme Court of Hawaii.

June 3, 1980.

Attorney(s) appearing for the Case

John E. Tam, Deputy Pros. Atty., County of Maui (Ralph R. LaFountaine, Deputy Pros. Atty., County of Maui, Wailuku, on the Opening Brief), for plaintiff-appellant.

Philip H. Lowenthal, Haiku, Maui, for defendant-appellee.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

PER CURIAM.

The question to be determined by this court is whether defendant may be retried for rape in the first degree, § 707-730(1)(a), HRS, and kidnapping, § 707-720(1)(d), HRS, in the face of defendant's allegations that a retrial would subject him to double jeopardy1 because his first trial was "improperly terminated"2 by the trial judge who sua sponte declared a mistrial upon the following...

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