(Download) "State V. Russell" by Hawaii Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State V. Russell
- Author : Hawaii Supreme Court
- Release Date : January 16, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
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 false pretenses under HRS § 750-21 (Old Code). The court had ruled that the statute of limitations of the New Code barred prosecutions of both defendants, and that a violation of the detainer agreement by the State against Defendant Carlson also required a dismissal of his case with prejudice. The State of Hawaii has appealed the court's ruling and raises the question of whether the trial judge was correct in his interpretation of the applicable statutory provisions of the New Code and the detainer agreement. We have carefully examined these provisions of law and have come to the conclusion that the trial judge was incorrect. We therefore reverse.
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