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STATE v. KAHLBAUN

No. 8168.

638 P.2d 309 (1981)

STATE of Hawaii, Plaintiff-Appellant, v. Gabriel K. KAHLBAUN, Defendant-Appellee, and Randall Ku Nakoa, Defendant.

Supreme Court of Hawaii.

As Amended January 12, 1981.

Reconsideration Denied January 12, 1981.

Attorney(s) appearing for the Case

Arthur Ross, Deputy Pros. Atty., Honolulu, for plaintiff-appellant.

Jerry I. Wilson, Honolulu (Wilson & Berman, Honolulu, of counsel) for defendant-appellee.

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

OGATA, Justice.

The State of Hawaii (hereinafter State) appeals an order and written decision, and an order denying the State's motion for reconsideration by the First Circuit Court where the indictment against defendant-appellee, Gabriel Kahlbaun (hereinafter appellee), was dismissed for lack of independent grand jury counsel as provided for under Article I, Section 11 of the Hawaii State Constitution. The question presented for our consideration is whether Article...

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