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STATE v. DALY

No. 8542.

659 P.2d 83 (1983)

STATE of Hawaii, Plaintiff-Appellant, v. Christopher Joseph DALY, Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

February 25, 1983.

Attorney(s) appearing for the Case

Arthur E. Ross, Deputy Pros. Atty., Honolulu, for plaintiff-appellant.

Isaac Keahi Smith, Deputy Public Defender, Honolulu (Arthur K. Trask, Jr., Honolulu, on the brief), for defendant-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

TANAKA, Judge.

The grand jury charged defendant Christopher Joseph Daly with fraudulent use of a credit card in violation of Hawaii Revised Statutes (HRS) §§ 851-4(2)1 and 851-10(b)2 (Supp. 1982). The trial court granted defendant's motion to dismiss the indictment on the ground that it failed to allege an essential element of the charged offense. The State appeals. We reverse.

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