STATE v. SWORD

No. 10291.

713 P.2d 432 (1986)

STATE of Hawaii, Plaintiff-Appellee, v. Richard M. SWORD, Defendant-Appellant.

Supreme Court of Hawaii.

February 6, 1986.


Attorney(s) appearing for the Case

Philip H. Lowenthal (Anthony L. Ranken with him on briefs), Wailuku, for defendant-appellant.

Winfred K.T. Pong (George H. Yamamoto with him on brief) Deputy Attys. Gen., Honolulu, for plaintiff-appellee.

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


LUM, Chief Justice.

This is an appeal from a jury conviction of one count of medical assistance fraud in violation of Hawaii Revised Statutes (HRS) § 346-43.5 (Supp. 1984).1 Appellant's primary contention on appeal is that a fatal variance exists between the offense charged and the evidence adduced at trial. We agree and reverse.

I.

On May 25, 1984, Appellant Dr. Richard...

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