STATE v. HALE

No. 4181.

367 P.2d 81 (1961)

STATE of Hawaii v. Adam Molina HALE.

Supreme Court of Hawaii.

October 6, 1961.


Attorney(s) appearing for the Case

Meyer Ueoka, Wailuku, for plaintiff in error.

Harold L. Duponte, County Atty. and Kase Higa, Deputy County Atty., Wailuku, for defendant in error.

Before TSUKIYAMA, C. J., CASSIDY, WIRTZ and LEWIS, JJ., and WILLIAM Z. FAIRBANKS, Circuit Judge, assigned by reason of vacancy.


WIRTZ and LEWIS, Justices.

This case is before the court on Writ of Error to the Circuit Court of the Second Circuit.

The defendant was charged with Burglary in the First Degree under an indictment which alleged, in its pertinent portions, that defendant on "the first day of June, 1959, and in the nighttime of said day, did enter the store of another, to wit, Silversword Liquor and Variety Shop, owned and operated by Dee Westbrook and Martha A. Westbrook,...

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