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STATE v. ROBINS

No. 8742.

660 P.2d 39 (1983)

STATE of Hawaii, Plaintiff-Appellant, v. Edward ROBINS, Jr., Defendant-Appellee.

Supreme Court of Hawaii.

Reconsideration Denied April 11, 1983.

Attorney(s) appearing for the Case

Arthur E. Ross, Deputy Pros. Atty., Honolulu (on the briefs), for plaintiff-appellant.

Alvin T. Sasaki, Deputy Public Defender, Honolulu (on the brief), for defendant-appellee.

Before LUM, Acting C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and OGATA, Retired Justice, assigned by reason of vacancy.

PADGETT, Justice.

This is an appeal from the granting of a motion to dismiss an indictment for burglary. We reverse.

On May 13, 1981, the grand jury returned an indictment against appellee which read:

On or about the 4th day of April, 1981, in the City and County of Honolulu, State of Hawaii, EDWARD ROBINS, JR. did intentionally and unlawfully enter into or remain in a building, to wit, the resident of Gale Woessner, situated at 41-906 Oluolu Street...

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