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STATE v. SMYTHE

No. 14766.

811 P.2d 1100 (1991)

STATE of Hawaii, Plaintiff-Appellant, v. Orrin Hugh SMYTHE, also known as Orrin Smythe, Defendant-Appellee.

Supreme Court of Hawaii.

May 28, 1991.

Attorney(s) appearing for the Case

Caroline M. Mee, Deputy Pros. Atty., Honolulu, for plaintiff-appellant.

Theodore Y.H. Chinn, Deputy Public Defender, Honolulu, for defendant-appellee.

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

PADGETT, Justice.

This is a State appeal from orders granting a motion to dismiss Counts I and II of an indictment. Those counts charged appellee with manslaughter under HRS § 707-702(1)(a). The State also appeals from the order denying its oral motion for reconsideration.

Appellee drove his van into the back of a car, killing two occupants. For each death he was indicted for manslaughter (HRS § 707-702(1)(a)) (Counts I and II), and negligent homicide...

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