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STATE v. McCULLY

No. 7759.

642 P.2d 933 (1982)

STATE of Hawaii, Plaintiff-Appellant, v. Stephen G. McCULLY and Dean Gana, Defendants-Appellees.

Supreme Court of Hawaii.

March 24, 1982.

Attorney(s) appearing for the Case

Jay T. Kimura, Deputy Pros. Atty., County of Hawaii, Hilo, for plaintiff-appellant.

Charles L. Goldberg, San Diego, Cal. (Goldberg & Link, San Diego, Cal., of counsel), for defendant-appellee Gana.

Keith M. Kiuchi and Daphne Barbee, Deputy Public Defenders, Honolulu, for defendant-appellee McCully.

Before RICHARDSON, C.J., NAKAMURA, J., MARUMOTO, Retired Justice, in place of LUM, J., Excused, and OGATA and MENOR, Retired Justices, assigned by reason of vacancies.

MARUMOTO, Retired Justice.

Defendants Stephen G. McCully and Dean Gana were indicted by the grand jury of the Third Circuit Court on April 27, 1978, the former on three counts, as follows:

Count I: Attempting to promote dangerous drug in the second degree, in violation of HRS §§ 705-500 and 712-1242; Count II: Promoting detrimental drug in the second degree, in violation of HRS § 712-1248; Count III: Promoting dangerous...

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