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TERRITORY v. KITABAYASHI ET ALS.

NO. 2995.

41 Haw. 428 (1956)

TERRITORY OF HAWAII v. JACK KITABAYASHI, FRANK LOUIS AND SHOTARO ENDO, AKA "PUNCHY."

Supreme Court of Hawaii.

Decided April 6, 1956.

Attorney(s) appearing for the Case

George T. Nakamura (Yasutaka Fukushima with him on the briefs) for plaintiffs in error.

Morris S. Shinsato, Deputy County Attorney (also on the brief), for defendant in error.

TOWSE, C.J., STAINBACK, J., AND CIRCUIT JUDGE McKINLEY IN PLACE OF RICE, J., DISQUALIFIED.

OPINION OF THE COURT BY TOWSE, C.J.

This is a writ of error from a judgment of the Fifth Circuit Court finding the defendants guilty of conspiracy in the first degree.

The indictment contained three counts. Count one alleged the obtaining of money by means of a confidence game; count two, the obtaining of money by false pretenses; and count three, conspiracy in the first degree. Counts one and two were abandoned during...

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