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STATE v. SMITH

No. 7026.

621 P.2d 343 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Kenneth Allen SMITH, Defendant-Appellant, and Tracy Kaikealoha Peters, Defendant.

Supreme Court of Hawaii.

December 22, 1980.

Attorney(s) appearing for the Case

Mark M. Nomura, Alvin T. Sasaki, Anne T. Randolph, Deputy Public Defenders, Honolulu, for defendant-appellant.

Mililani B. Trask, Peter B. Carlisle, Deputy Pros. Attys., Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., OGATA, MENOR and LUM, JJ., and MARUMOTO, Retired Justice, assigned by reason of vacancy.

PER CURIAM.

Defendant appellant, Kenneth Allen Smith, was convicted of murder under the provisions of HRS § 707-701 (1976).1 He appeals from the judgment and sentence of the trial court.

The only issue which merits our consideration is whether the trial court erred in denying the defendant's motion for judgment of acquittal pursuant to H.R.P.P. Rule 29(a). In this case the unjustifiable shooting death of the victim is not...

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