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STATE v. LUCKS

Nos. 5564, 5592.

531 P.2d 855 (1975)

STATE of Hawaii, Plaintiff-Appellee, v. Michael LUCKS and Alan H. Goldberg, Defendants-Appellants.

Supreme Court of Hawaii.

February 3, 1975.

Attorney(s) appearing for the Case

Paul E. DiBianco, Greenstein, Cowan & Frey, Honolulu, for defendant-appellant Alan H. Goldberg.

Brook Hart and William S. Hunt, Hart, Leavitt & Hall, Honolulu, for defendant-appellant Michael Lucks.

Adrienne Sepaniak, Deputy Pros. Atty., Honolulu (Barry Chung, Pros. Atty., Honolulu, with her on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and A. FONG, Circuit Court Judge, assigned by reason of vacancy.

RICHARDSON, Chief Justice.

Michael Lucks and Alan Goldberg were indicted and found guilty by a jury of unlawfully cultivating marijuana in violation of HRS § 329-5 (Supp. 1971).1 From the judgment of the trial court they appeal.

I. FACTS

The relevant facts are as follows: On June 8, 1972, narcotics officer Harvey Hee accompanied by Officer Bento, employees of the Honolulu Police Department, participated in the seizure...

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