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STATE v. TYRRELL

No. 5987.

549 P.2d 745 (1976)

STATE of Hawaii, Plaintiff-Appellee, v. David E. TYRRELL, Defendant-Appellant.

Supreme Court of Hawaii.

May 12, 1976.

Attorney(s) appearing for the Case

Patricia K. O'Toole, Deputy Public Defender, Honolulu, for the motion.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

PER CURIAM.

In this appeal from a conviction of murder, Appellant has moved to remand the case to the circuit court to permit Appellant to move for a new trial under Rule 33 H.R. Cr.P. upon the ground of newly-discovered evidence, being the recantation of a prosecution witness.

Rule 33, H.R.Cr.P. provides:

The court may grant a new trial to a defendant if required in the interest of justice. If trial was by the court without a jury the court may vacate...

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