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STATE v. SWIER

No. 8729.

666 P.2d 169 (1983)

STATE of Hawaii, Plaintiff-Appellant, v. Richard Wayne SWIER, Defendant-Appellee.

Supreme Court of Hawaii.

June 17, 1983.

Attorney(s) appearing for the Case

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

Karl K. Sakamoto, Deputy Public Defender, Honolulu, on the brief, for defendant-appellee.

Before LUM, C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and TSUKIYAMA, Circuit Judge, Assigned by reason of vacancy.

PADGETT, Justice.

This is an appeal by the State from orders suppressing two out-of-court statements which the prosecution desired to introduce in evidence in a prosecution for negligent homicide in the second degree under § 707-704, HRS. We affirm.

Appellee was the owner of a vehicle which was involved in an accident on Kaukonahua Road in Waialua, Oahu, Hawaii, on September 5, 1981. When officers arrived at the scene of the accident, they found two persons...

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