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STATE v. McDOWELL

No. 8778.

672 P.2d 554 (1983)

STATE of Hawaii, Plaintiff-Appellant, v. Paul John McDOWELL, Defendant-Appellee.

Supreme Court of Hawaii.

December 2, 1983.

Attorney(s) appearing for the Case

Ann M. Ogata, Deputy Pros. Atty., Honolulu (Alexandra Kaan, Deputy Pros. Atty., Honolulu, on opening brief), for plaintiff-appellant.

Loralyn Cramer, (Reginald M. Sealey, Deputy Public Defender, Honolulu, on brief), for defendant-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

PADGETT, Justice.

This is an appeal by the State from an order dismissing an indictment pursuant to § 134-8, HRS, for possession of a sawed-off rifle. We reverse.

Originally, there were three counts to the indictment. After trial, the jury was unable to agree on a verdict with respect to any of the three counts. On appellee's motion on October 14, 1981, Counts I and II were dismissed by the court and a mistrial declared as to the count here involved,...

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