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STATE v. RUSSELL

No. 7125.

617 P.2d 84 (1980)

STATE of Hawaii, Plaintiff-Appellant, v. Robert Taylor RUSSELL, and Lawrence Frederick Carlson, Defendants-Appellees.

Supreme Court of Hawaii.

Reconsideration Denied October 2, 1980.

Attorney(s) appearing for the Case

David H. White, Honolulu (Stephen M. Okano, Honolulu, on the briefs, Okano, Noguchi & Wong, Honolulu, of counsel), Sp. Deputy Pros. Attys., for plaintiff-appellant.

Michael A. Weight, Honolulu (Weight & Ellsworth, Honolulu, of counsel), for defendant-appellee Russell.

Philip D. Bogetto, Honolulu, for defendant-appellee Carlson.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

LUM, Justice.

This appeal involves the statutory interpretation of Hawaii's New Penal Code (New Code) and its application to an offense triable under Hawaii's Pre-Penal Code (Old Code); it also involves the statutory interpretation of Hawaii's detainer agreement, under chapter 834, HRS. The circuit court had dismissed an indictment charging both defendants, Robert Taylor Russell and Lawrence Frederick Carlson, with two counts of obtaining money under fraudulent and...

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