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STATE v. WONG

No. 4343.

47 Haw. 361 (1964)

389 P.2d 439

STATE OF HAWAII v. JAMES KEAWEHALU WONG.

Supreme Court of Hawaii.

February 17, 1964.

Attorney(s) appearing for the Case

Herbert H. Tanigawa, Deputy Prosecuting Attorney, City and County of Honolulu (John H. Peters, Prosecuting Attorney with him on the briefs) for the State, appellant.

Hideki Nakamura and Myer C. Symonds (Bouslog & Symonds on the brief) for defendant, appellee.

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

OPINION OF THE COURT BY LEWIS, J.

Defendant, who was in prison serving sentences for robbery and other offenses, escaped and while at large, on or about July 7, 1956, committed murder in the first degree, i.e., "with extreme atrocity and cruelty,"1 according to the indictment before us.

This is the second indictment for the same offense. The present indictment, designated Criminal No. 33108 in the Circuit Court, was returned...

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