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STATE v. ABELLANO

No. 4705.

50 Haw. 384 (1968)

441 P.2d 333

STATE OF HAWAII v. FAUSTINO ABELLANO, ET AL.

Supreme Court of Hawaii.

May 23, 1968.

Attorney(s) appearing for the Case

John A. Radway, Jr., Deputy Prosecuting Attorney (John H. Peters, Prosecuting Attorney, and T. Irving Chang, Deputy Prosecuting Attorney, with him on the briefs) for plaintiff-appellant.

John C. Lanham for defendants-appellees.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE AND LEVINSON, JJ.

OPINION OF THE COURT BY ABE, J.

The thirteen defendants-appellees were arrested on August 1, 1965 for violating section 13-3.1 of the Revised Ordinances of the City and County of Honolulu, 1961.1 The State charged that defendants:

did engage or participate in, or were present at, a cockfight exhibition....

Although they were formally charged with participating, apparently the defendants did no more than be present at...

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