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STATE v. SMITH

No. 8386.

657 P.2d 1022 (1983)

STATE of Hawaii, Plaintiff-Appellee, v. Ricky SMITH, also known as Ricardo Smith, Defendant-Appellant.

Supreme Court of Hawaii.

January 27, 1983.

Attorney(s) appearing for the Case

Isaac Smith, Honolulu (Daphne E. Barbee, Honolulu, on the opening brief and Alvin T. Sasaki, Deputy Public Defender, Honolulu, and law clerk Geronimo Valdriz on the reply brief), for defendant-appellant.

Shirley Smith, Deputy Pros. Atty., City and County of Honolulu, Honolulu, for appellee.

Before LUM, Acting C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and Circuit Judge VITOUSEK, Assigned by Reason of Vacancy.

PER CURIAM.

This is an appeal from a conviction of robbery in the second degree. The indictment failed to allege that the person against whom the force was used, June Suenaga, was either physically present or was the owner of the property stolen. However, the challenge to the indictment came only after conviction. In State v. Motta, 657 P.2d 1019, decided January 27, 1983, we adopted a liberal approach to the construction of...

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