STATE v. MORIWAKE

No. 7958.

647 P.2d 705 (1982)

STATE of Hawaii, Plaintiff-Appellant, v. Gilbert Masaru MORIWAKE, Defendant-Appellee.

Supreme Court of Hawaii.

June 30, 1982.


Attorney(s) appearing for the Case

Lawrence R. White, Deputy Pros. Atty., Honolulu, for plaintiff-appellant.

Edmund K.U. Yee, Honolulu (Myles T. Yamamoto, Honolulu, on the brief; Yamamoto & Yee, Honolulu, of counsel), for defendant-appellee.

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


RICHARDSON, Chief Justice.

The question on appeal is whether an indictment for manslaughter was properly dismissed with prejudice following two hung jury mistrials on the charge. Appellant State of Hawaii ("State") argues that constitutional principles of double jeopardy posed no bar to further prosecution, and that the trial court abused what the State agrees was the court's inherent power to preclude further prosecution...

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