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STATE v. CLYDE

No. 4344.

47 Haw. 345 (1964)

388 P.2d 846

STATE OF HAWAII v. LOUIS BENJAMIN CLYDE.

Supreme Court of Hawaii.

January 23, 1964.

Attorney(s) appearing for the Case

Myer C. Symonds and William Kim for defendant-appellant.

Herbert T. Tanigawa, Deputy Prosecuting Attorney, City and County of Honolulu (John H. Peters, Prosecuting Attorney), for plaintiff-appellee.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

OPINION OF THE COURT BY MIZUHA, J.

Defendant-appellant was convicted of murder in the first degree and as required by R.L.H. 1955, § 291-5 (Supp. 1961), sentenced to life imprisonment not subject to parole.

Defendant and the deceased, Ruperto Canto, had had several altercations prior to the date of the murder. On December 28, 1961, defendant broke into a friend's apartment and took a twelve gauge shotgun without...

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