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STATE v. STONE

No. 8248.

651 P.2d 485 (1982)

STATE OF Hawaii, Plaintiff-Appellant, v. James Thomas STONE, Defendant-Appellee.

Supreme Court of Hawaii.

September 29, 1982.

Attorney(s) appearing for the Case

Eleanor Mirikitani, Deputy Pros. Atty., Hilo, on the opening brief and Jay T. Kimura, Deputy Pros. Atty., Hilo, on the reply brief, for appellant.

Daphne E. Barbee, Deputy Public Defender, Honolulu, on the brief, for appellee.

Before RICHARDSON, C.J., and LUM, NAKAMURA, PADGETT and HAYASHI, JJ.

PADGETT, Justice.

This is an appeal by the State from an order dismissing an indictment for pretrial delay pursuant to Rule 48(b), Hawaii Rules of Penal Procedure. We affirm.

Appellee was arrested on either April 13 or 14, 1979 and charged with two counts of Assault in the First Degree committed on April 12, 1979 at Carvalho Park on the Island of Hawaii. He posted bail, and, on April 16, 1979, demanded a preliminary hearing. Siosifa Talakai, one of the alleged...

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