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STATE v. YOSHINO

No. 4604.

50 Haw. 287 (1968)

439 P.2d 666

STATE OF HAWAII v. RICHARD TOSHISHIGE YOSHINO AND PONTIANO RAPANAL, ALSO KNOWN AS "PONCHO", DAVID PONTIANO LIBRES AND DAVID LIBRES RAPANAL.

Supreme Court of Hawaii.

April 4, 1968.

Attorney(s) appearing for the Case

Ernest Y. Yamane (Bicoy & Yamane of counsel) for defendant-appellant Yoshino.

Hyman M. Greenstein (James G. Jung, Jr., with him on the briefs, Greenstein, Cowan & Carlsmith of counsel) for defendant-appellant Rapanal.

T. Irving Chang and John A. Radway, Jr., Deputy Prosecuting Attorneys, City & County of Honolulu (John H. Peters, Prosecuting Attorney, with them on the brief) for the State, plaintiff-appellee.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE, JJ., AND CIRCUIT JUDGE DOI IN PLACE OF LEVINSON, J., DISQUALIFIED.

OPINION OF THE COURT BY ABE, J.

Defendants Richard Toshishige Yoshino and Pontiano Rapanal, also known under several aliases, were indicted of the crime of murder in the first degree for killing Masao Miyagawa on December 29, 1965, at the Hawaii State Prison.

A joint jury trial of both defendants began on August 15, 1966. At the trial it was brought out that prior to the killing of Masao Miyagawa, a stabbing had occurred...

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