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STATE v. ABELLIRA

No. 9078.

678 P.2d 1087 (1984)

STATE of Hawaii, Plaintiff-Appellant, v. Zeno Marques ABELLIRA, also known as Zeno Vonarnswaldt, Defendant-Appellee.

Supreme Court of Hawaii.

March 22, 1984.

Attorney(s) appearing for the Case

Arthur E. Ross, Deputy Pros. Atty., Honolulu, on the opening brief and Emlyn H. Higa, Deputy Pros. Atty., Honolulu, on the reply brief, for plaintiff-appellant.

Keith S. Shigetomi, Deputy Public Defender, Honolulu, on the brief, for defendant-appellee.

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

PADGETT, Justice.

This is an appeal by the State from an order dismissing Counts III and IV of an indictment. Those counts alleged kidnapping. The court below held that the failure to specify the felony which the kidnapping was intended to facilitate made the indictment defective. We reverse.

Section 707-720(1)(c) states

Kidnapping. (1) A person commits the offense of kidnapping if he intentionally restrains another person with intent to:<...

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