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STATE v. TORRES

No. 8568.

660 P.2d 522 (1983)

STATE of Hawaii, Plaintiff-Appellant, v. Samson TORRES, Defendant-Appellee.

Supreme Court of Hawaii.

March 8, 1983.

Attorney(s) appearing for the Case

Nancy T. Sugimura, Deputy Pros. Atty., Honolulu (Josie T. Bayudan, Deputy Pros. Atty., Honolulu, on opening brief and Arthur E. Ross, Deputy Pros. Atty., Honolulu, on reply brief), for plaintiff-appellant.

Edmund K.U. Yee, Honolulu, for defendant-appellee.

Before LUM, Acting C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and MOON, Circuit Judge, assigned by reason of vacancy.

NAKAMURA, Justice.

The three-count indictment against Samson Torres (the defendant) charged him in one count with having committed the crime of Incest1 in violation of HRS § 707-741 and in the remaining counts with having committed the crime of Sexual Abuse in the First Degree in violation of HRS § 707-736(1)(a). The circuit court dismissed the Incest count on the ground that it did not charge an offense because it failed to...

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