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TERRITORY OF HAWAII v. LEGASPI

NO. 2807.

39 Haw. 660 (1953)

TERRITORY OF HAWAII v. MIKE LEGASPI, TAMOTSU NAKASONE, JAMES KIYOSHI ONOE, ALSO KNOWN AS ALEXANDER SUMIDA, AND ROBERT MORIYOSHI KIYABU.

Supreme Court of Hawaii.

Decided January 29, 1953.

Attorney(s) appearing for the Case

O.P. Soares (also on the briefs) for plaintiffs in error.

G.F. St. Sure, Assistant Public Prosecutor (also on the brief), for defendant in error.

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

OPINION OF THE COURT BY TOWSE, C.J.

The plaintiffs in error were indicted for gross cheat and for conspiracy to commit gross cheat. (R.L.H. 1945, §§ 11360, 11120.) All were convicted upon the second count only.

Evidence introduced at trial in support of the allegations of the indictment established that Legaspi visited the shop of one Takeo Honda in Honolulu and inquired of the price of monuments stating that he proposed purchasing one for erection...

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