STATE v. TANAKA

No. 8450.

657 P.2d 1023 (1983)

STATE of Hawaii, Plaintiff-Appellee, v. Matthew TANAKA, Defendant-Appellant.

Supreme Court of Hawaii.

January 27, 1983.


Attorney(s) appearing for the Case

Karl Sakamoto, Deputy Public Defender, Honolulu (Thomas Wong and Alvin T. Sasaki, Deputy Public Defenders, Honolulu, on the briefs), for defendant-appellant.

Arthur E. Ross, Deputy Pros. Atty., Honolulu (Josie T. Bayudan, Honolulu, on the brief), for plaintiff-appellee.

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


PADGETT, Justice.

This is an appeal from a conviction of theft in the second degree. We affirm.

On July 22, 1981, appellant, in the Daiei department store in Honolulu, took two five-pound boxes of frozen shrimp from the frozen food section, put them in a shopping cart, then put them in a paper sack and left the store with them without paying for them. A photograph of the two boxes of shrimp was taken and admitted at trial after being identified by the department...

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