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STATE v. TREAT

No. 9004.

680 P.2d 250 (1984)

STATE of Hawaii, Plaintiff-Appellant, v. Forrest TREAT, Defendant-Appellee.

Supreme Court of Hawaii.

April 4, 1984.

Attorney(s) appearing for the Case

Tracy A. Hino, Deputy Pros. Atty., Honolulu, on the opening brief and Emlyn H. Higa, Deputy Pros. Atty., Honolulu, on the reply brief, for plaintiff-appellant.

Randal G. Valenciano, Deputy Public Defender, Honolulu, on 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 an indictment for theft in the first degree. The court below held that the use of the words "receive, retain, or dispose of" made the indictment defective.

Section 708-830(7) provides:

A person commits theft if he does any of the following: ... . (7) Receiving stolen property. He intentionally receives, retains,...

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