LUM, Chief Justice.
Defendant Sione Hamala (Hamala) argues in this interlocutory appeal prior to retrial for Second Degree Murder, Hawaii Revised Statutes (HRS) § 707-701.5 (Supp. 1987), and of Carrying a Firearm on Person Without Permit or License, HRS § 134-9 (1985) that the court erred in denying his motion to dismiss the charges against him on the grounds that the Double Jeopardy Clauses of the United States Constitution and the Hawaii State Constitution...
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