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STATE v. MILLER

No. 8623.

680 P.2d 251 (1984)

STATE of Hawaii, Plaintiff-Appellee, v. Rudy A. MILLER, Defendant-Appellant.

Supreme Court of Hawaii.

April 6, 1984.

Attorney(s) appearing for the Case

Michael P. Akana, Honolulu (Patricia Loo Goodness, Honolulu, with him on brief), for defendant-appellant.

Emlyn H. Higa, Deputy Pros. Atty., Honolulu (Arthur E. Ross, Deputy Pros. Atty., Honolulu, on brief), for plaintiff-appellee.

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

LUM, Chief Justice.

Rudy Miller was convicted by a jury of attempted murder, as the result of a barroom brawl on August 5, 1980. At trial, the prosecution sought to have Mercy Toro, the bartendress, testify and Miller's attorney objected, claiming surprise, prejudice and violation of Rule 16, H.R.P.P.1 because the prosecution had failed to disclose her name as a witness. The issue on appeal is whether the lower court abused its discretion...

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