STATE v. CARROLL 63 Hawaii 345, 627 P.2d 776 (1981). CASE BRIEF

STATE V. CARROLL
63 Hawaii 345, 627 P.2d 776 (1981)
NATURE OF THE CASE: This was an appeal from the dismissal of an indictment for criminal property damage.
FACTS: Carroll (D) was arrested for starting a fire at Jefferson School. The arresting officer conducted a routine search and found a canister which was believed to be a container of nasal spray. After being booked for attempted criminal property damage, the canister was discovered again and found to contain mace. D was charged with possession of a noxious substance. D was acquitted on the possession charge. D was then brought to trial on the property damage charge. The trial court dismissed the charges because D had been prosecuted previously for the possession charge, an offense arising from the same criminal episode. The State (P) appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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