STATE v. SCHOFILL

No. 6967.

621 P.2d 364 (1980)

STATE of Hawaii, Plaintiff-Appellant, v. John Luther SCHOFILL, also known as "Tiny," Defendant-Appellee.

Supreme Court of Hawaii.

December 29, 1980.


Attorney(s) appearing for the Case

James B. Takayesu, Deputy Pros. Atty., County of Maui, Wailuku, Maui, for plaintiff-appellant.

Richard L. Rost, Padgett & Rost, Wailuku, Maui, for defendant-appellee.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., and LUM, Circuit Judge, assigned by reason of vacancy.


MENOR, Justice.

The defendant was indicted for the offense of promoting a dangerous drug in the first degree. He was alleged to have knowingly distributed drugs in violation of the provisions of HRS §§ 712-1241(1)(b) (1976 & Supp. 1979).

The trial court dismissed the indictment on the grounds (1) that incompetent and prejudicial evidence was presented by the State to the grand jury, and (2) that the offense charged and the circumstances surrounding...

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