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STATE v. ALBANO

No. 10661.

722 P.2d 453 (1986)

STATE of Hawaii, Plaintiff-Appellee, v. Gene ALBANO, Defendant-Appellant, and Rose Albano, Peter H. Fajardo, Lily K. Fajardo, Benjamin C. Fajardo, Romeo T. Bolosan, Delia C. Bolosan, Andy V. Corpuz, Pacita Corpuz, Roman P. Bayan, Sr., Juanita Domingcil, Belinda A. Tongson, Jamie M. Tongson, Monico V. Acido, Andrea A. Madamba, Orlando B. Valdez, Jun A. Salenda, Samuel J. Atud, Don D. Dulatre, Ben F. Abendanio, Bonie F. Abendanio, William F. Abendanio, Nicomedes R. Jamorabon, Concepcion M. Lazaro, Juanita C. Lazaro, Matias M. Ventura, Juana V. Ventura, Sinfronio B. Acorda, Felix A. Dacuycuy, Marcial C. Cadelina, Magdalena D. Cadelina, Andres M. Baria, and Henry A. Batoon, Defendants.

Supreme Court of Hawaii.

July 3, 1986.

Attorney(s) appearing for the Case

David C. Schutter (Jerel D. Fonseca, with him on briefs; Schutter, Cayetano & Playdon, of counsel), Honolulu, for defendant-appellant.

Peter Van Name Esser, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, C.J., NAKAMURA, PADGETT and HAYASHI, JJ., and Intermediate Court of Appeals Associate Judge TANAKA, in place of WAKATSUKI, J., Recused.

NAKAMURA, Justice.

Gene Albano, who was convicted of multiple counts of Election Fraud,1 asserts on appeal that the Circuit Court of the First Circuit erred when it denied his motion to dismiss the indictment. He argues the pertinent provisions of our election laws were not enforceable through criminal prosecution because they were amended after November 1, 1964, but had not been submitted to...

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