STATE v. ADAMS

No. 8056.

645 P.2d 308 (1982)

STATE of Hawaii, Plaintiff-Appellant, v. Edwin B. ADAMS, Defendant-Appellee.

Supreme Court of Hawaii.

May 21, 1982.


Attorney(s) appearing for the Case

Christine Kurashige, Deputy Pros. Atty., Honolulu, on the briefs, for plaintiff-appellant.

Michael A. Weight, Honolulu, on the brief, for defendant-appellee.

Before RICHARDSON, C.J., and LUM, NAKAMURA, PADGETT and HAYASHI, JJ.


PER CURIAM.

This appeal was taken by the State from an order of the trial judge dismissing before trial an indictment charging defendant, Edwin B. Adams, with the offenses of promoting a harmful drug in the second degree under HRS § 712-1245(1)(c) (1976) and promoting a dangerous drug in the second degree under HRS § 712-1242(1)(c) (1976). The ruling of the court raises the issues of whether the State, having knowledge of a defense, must include the defense...

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