STATE v. PENDERGRASS

No. 7981.

633 P.2d 1113 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. Willard R. PENDERGRASS, Defendant-Appellant.

Supreme Court of Hawaii.

September 22, 1981.


Attorney(s) appearing for the Case

Stanford Nakamoto, Deputy Public Defender, Honolulu, on the brief, for defendant-appellant.

Thomas M. Pico, Jr., Deputy Pros. Atty., Honolulu, on the brief, for plaintiff-appellee.

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


PER CURIAM.

This is an appeal by defendant-appellant, Willard Pendergrass (hereinafter appellant), who was convicted by a jury of rape in the first degree under HRS § 707-730. Appellant was then sentenced to a twenty-year term of imprisonment. We affirm.

The sole issue raised by appellant is whether the trial court erred in denying a motion to dismiss the indictment because independent grand jury counsel was not present to advise the grand jury. Appellant...

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