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STATE v. MARZO

No. 7936.

641 P.2d 1338 (1982)

STATE of Hawaii, Plaintiff-Appellant, v. Richard MARZO, Defendant-Appellee.

Supreme Court of Hawaii.

As Amended on Granting of Reconsideration April 2, 1982.

Attorney(s) appearing for the Case

Stanford H. Masui, First Deputy Pros. Atty., County of Hawaii, Hilo, for plaintiff-appellant.

Andrew P. Wilson, Hilo, for defendant-appellee.

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., and OGATA and MENOR, Retired Justices, assigned by reason of vacancies.

PER CURIAM.

This appeal was taken by the State from an order of the trial judge dismissing three charges of criminal assault under § 707-712(1)(a), Hawaii Revised Statutes (HRS), against defendant Richard Marzo. The dismissal with prejudice came upon defendant's oral motion after the jury was sworn but before evidence was taken. The court found that the State violated Rule 16(b)(2)(ii),1 Hawaii Rules of Penal Procedure, because the...

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