STATE v. BRIGHTER

No. 7444.

617 P.2d 1226 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. David Hina BRIGHTER, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

October 10, 1980.


Attorney(s) appearing for the Case

Thomas J. Bowers, III, Honolulu, for defendant-appellant.

Archibald C.K. Kaolulo, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.


PADGETT, Justice.

This is an appeal from an order denying the return to appellant of property seized by police from his father's house when after two-and-a-half years, the evidence had been suppressed, the prosecution dropped and all the property except "contraband" ordered returned. We hold that there was no competent evidence to support the order below, that the State had the burden of proof which it failed to meet and consequently, we reverse for further proceedings...

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