STATE v. LINCOLN

No. 15141.

825 P.2d 64 (1992)

STATE of Hawaii, Plaintiff-Appellant, v. John Kalani LINCOLN, Defendant-Appellee.

Supreme Court of Hawaii.

Reconsideration Denied February 7, 1992.


Attorney(s) appearing for the Case

Ted Baker (John C. Bryant, Jr. and Steven S. Michaels, on the briefs) Deputy Attys. Gen., Honolulu, for plaintiff-appellant.

Eric A. Seitz, Honolulu, for defendant-appellee.

Before LUM, C.J., and HAYASHI, WAKATSUKI, and MOON, JJ., and HEEN, Judge Intermediate Court of Appeals, in Place of PADGETT, Associate Justice, Recused.


LUM, Chief Justice.

Appellant State of Hawaii (State) appeals the circuit court's order dismissing the indictment charging appellee John Kalani Lincoln (Lincoln) with murder in violation of Hawaii Revised Statutes (HRS) §§ 707-701, 702-221, 702-222 and an order granting a judgment of acquittal. The action of the lower court in disposing of this case without trial is in contravention of the mandate this court issued remanding this case for a new trial following...

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