STATE v. BEYER

No. 15208.

822 P.2d 519 (1991)

STATE of Hawaii, Plaintiff-Appellee, v. Stanford Brian BEYER, Defendant-Appellant.

Supreme Court of Hawaii.

December 20, 1991.


Attorney(s) appearing for the Case

Theodore Y.H. Chinn, Office of Public Defender, Honolulu, for defendant-appellant.

Charlotte J. Duarte, Department of the Pros. Atty., Honolulu, for plaintiff-appellee.

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


PADGETT, Justice.

This is an appeal from a conviction for abuse of a family or household member under HRS § 709-906.

On the morning the case was called for trial, it appeared that the complaining witness was not present although, according to the prosecutor's statement, she had been served with a subpoena by the State. The State moved for the issuance of a bench warrant and the defense moved for a dismissal without prejudice. The court denied the bench...

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