STATE v. TEMPLE

No. 7045.

650 P.2d 1358 (1982)

STATE of Hawaii, Plaintiff-Appellee, v. Mark S. TEMPLE, Defendant-Appellant.

Supreme Court of Hawaii.

September 13, 1982.


Attorney(s) appearing for the Case

Thomas Wong, Deputy Public Defender, Honolulu (Roy T. Ogawa and Bruce A. Masunaga, Deputy Public Defenders, Honolulu, on opening brief), for defendant-appellant.

Arthur E. Ross, Deputy Prosecuting Atty., Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., NAKAMURA, J., MARUMOTO, Retired Justice, in place of LUM, J., excused, and OGATA and MENOR, Retired Justices, Assigned Temporarily.


NAKAMURA, Justice.

Defendant-appellant Mark S. Temple (defendant) was convicted after a jury trial in the Circuit Court of the First Circuit of having possessed or carried a loaded firearm on a public highway in violation of HRS § 134-6 and of having committed a theft of a firearm in violation of HRS § 708-831(1)(c). The State concedes the trial court committed reversible error by not compelling further deliberation by the jury or not declaring a mistrial...

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