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STATE v. KANE

No. 8384.

652 P.2d 642 (1982)

STATE of Hawaii, Plaintiff-Appellant, v. Errol Kealiikaapuni KANE, also known as Sparky, Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

October 25, 1982.

Attorney(s) appearing for the Case

Shirley Smith, Deputy Pros. Atty., Honolulu (Josie T. Bayudan, Deputy Pros. Atty. on the briefs), for plaintiff-appellant.

David Bettencourt, Honolulu, for defendant-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

Defendant Errol K. Kane was charged with carrying a firearm on his person without a permit or license in violation of Hawaii Revised Statutes (HRS) § 134-9 (Supp. 1980). The trial court granted Kane's motion to dismiss the indictment because the indictment did not explicitly allege the required state of mind as specified in HRS § 702-204 (1976). The State appeals the dismissal contending that the indictment is legally sufficient. We agree...

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