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STATE v. PACIFIC CONCRETE & ROCK CO., LTD.

No. 5925.

560 P.2d 1309 (1977)

STATE of Hawaii, Plaintiff-Appellant, v. PACIFIC CONCRETE AND ROCK COMPANY, LIMITED, et al., Robert B. Robinson, Harry R. Cerny, and Alfred K. Suga, Defendants-Appellees.

Supreme Court of Hawaii.

March 8, 1977.

Attorney(s) appearing for the Case

Roy M. Chang, Deputy Pros. Atty., Honolulu (Earle A. Partington, Deputy Pros. Atty., on the brief), for plaintiff-appellant.

Brook Hart, Honolulu (Kathy M. Morris, Honolulu, with him on the brief) (Hart, Leavitt & Hall, Honolulu, of counsel), Joseph T. Kiefer, Honolulu (Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for defendants-appellees.

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

PER CURIAM.

The defendants-appellees were indicted by the grand jury for various stated offenses. They moved to dismiss the indictment against them. The circuit court granted the motion, and the State appeals from the order dismissing the indictment. We affirm.

We need to consider only one ground advanced for the dismissal of the indictment. The record shows that one Stephen E. Kuna, a law clerk employed in the office of the prosecuting attorney and serving...

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