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STATE v. SUJOHN

No. 7954.

644 P.2d 1326 (1982)

STATE of Hawaii, Plaintiff-Appellant, v. Steven Eachus SUJOHN, Defendant-Appellee.

Supreme Court of Hawaii.

Reconsideration Denied June 2, 1982.

Attorney(s) appearing for the Case

Keith M. Kaneshiro, Deputy Pros. Atty., Dept. of the Pros. Atty., City and County of Honolulu, Honolulu, for plaintiff-appellant.

William H. Brady, Honolulu, for defendant-appellee.

Before RICHARDSON, C.J., LUM, NAKAMURA and PADGETT, JJ., and MENOR, Retired Justice, assigned by reason of vacancy.

PER CURIAM.

This is an appeal from an order granting, with prejudice, a motion to dismiss an indictment for murder. Although the order does not so state, it is obvious, from the record, that it was based upon Rule 48(b), HRPP, allowing the trial court, in its discretion, to dismiss the charge if trial is not commenced within six months from the date of arrest. We reverse.

Appellee was arrested April 22, 1979. On June 6, 1979, his counsel filed a notice of...

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