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TERRITORY OF HAWAII v. RITUTA

NO. 2875.

39 Haw. 522 (1952)

TERRITORY OF HAWAII v. BALBINO RITUTA.

Supreme Court of Hawaii.

Decided June 13, 1952.

Attorney(s) appearing for the Case

G.F. St. Sure, Assistant Public Prosecutor (A.R. Hawkins, Public Prosecutor, with him on the briefs), for plaintiff in error.

O.P. Soares (also on the brief) for defendant in error.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY LE BARON, J.

The defendant on May 17, 1951 was indicted for murder in the first degree. The indictment charged him with committing that crime on August 1, 1950. At the time set for arraignment on June 1, 1951, the defendant appeared before the circuit court and handed it a special plea in bar which he had filed a few minutes before the court convened. The ground of the special plea in bar is that the...

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