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STATE v. YOSHINO

No. 4198.

45 Haw. 206 (1961)

364 P.2d 638

STATE OF HAWAII v. RICHARD TOSHISHIGE YOSHINO.

Supreme Court of Hawaii.

August 10, 1961.

Attorney(s) appearing for the Case

Daniel G. Ridley (Ernest Y. Yamane with him on the briefs), attorneys for defendant, plaintiff in error.

John H. Peters, Prosecuting Attorney, City and County of Honolulu, and Herbert H. Tanigawa, Deputy Prosecuting Attorney, for the State, defendant in error.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS, JJ., AND CIRCUIT JUDGE CROCKETT, ASSIGNED BY REASON OF VACANCY.

OPINION OF THE COURT BY CIRCUIT JUDGE CROCKETT.

Defendant-plaintiff in error, Richard Toshishige Yoshino, was convicted in the First Circuit Court by a jury under an indictment for robbery in the first degree, which in substance charged that the defendant on the 6th day of September, 1959, being armed with a dangerous weapon, to-wit, a gun, did feloniously rob, steal, take and carry away approximately $300.00 from the custody and in the presence of Kalani Fernandez...

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