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STATE v. KWAK

No. 17929.

909 P.2d 1106 (1995)

80 Hawai`i 291

STATE of Hawai`i, Plaintiff-Appellee, v. Lawrence Taehyo KWAK, Defendant-Appellant.

Supreme Court of Hawai`i.

September 1, 1995.

Attorney(s) appearing for the Case

Keith M. Kiuchi of Kiuchi, Nakamoto & Ahu, on the briefs, Honolulu, for defendant-appellant Lawrence Taehyo Kwak.

Loretta A. Matsunaga, Deputy Prosecuting Attorney, City and County of Honolulu, on the briefs, Honolulu, for plaintiff-appellee State of Hawai`i.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

LEVINSON, Justice.

This appeal has unearthed and highlighted a striking and material omission in the statutory delineation of district boundaries on the island of O`ahu, which comprises the City and County of Honolulu and the geographic boundary of the first circuit court. By virtue of this omission, we must hold that the State of Hawai`i (the prosecution) failed, as a matter of law, to establish venue in the matter before us.

The defendant-appellant Lawrence...

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