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STATE v. RABAGO

No. 9186.

686 P.2d 824 (1984)

STATE of Hawaii, Plaintiff-Appellant, v. Ricardo S. RABAGO, Defendant-Appellee.

Supreme Court of Hawaii.

August 28, 1984.

Attorney(s) appearing for the Case

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

Ignacio R. Garcia, Honolulu (Paul J. Durbin, Honolulu, with him on the brief), for defendant-appellee.

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

PER CURIAM.

This is an appeal by the State of Hawaii following the dismissal of Count II of its complaint, Carrying a Firearm on Person Without Permit or License, Hawaii Revised Statutes (HRS) § 134-9. The lower court reasoned that § 134-9 is not violated in situations such as this where the situs of the alleged crime is the defendant's residence. We affirm the dismissal.

On October 10, 1982, a group of people gathered at the home of Ricardo S. Rabago...

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