Hawaii Supreme Court
627 P.2d 776 (1981)
Early one morning, an individual noticed Alfred Kapala Carroll (defendant) was attempting to start a fire at a school. Carroll was arrested. During a routine search of Carroll for weapons at the scene, a police officer found a canister. Believing it was a container of nasal spray, the officer returned it to Carroll. About an hour later Carroll was booked on the charge of second-degree attempted criminal property damage in violation of HRS §§ 700-705 and 708-821(1)(b). Around that time, a custodial search of Carroll again revealed the presence of the canister. Upon closer inspection, however, the container was identified as Mace. Carroll was then charged with possession of an obnoxious substance in violation Revised Ordinances of Honolulu (ROH) § 13-21.3(a). Two months later, Carroll was tried on the misdemeanor Mace possession charge and acquitted. Thereafter, Carroll was brought to trial on the attempted property damage charge. At trial, Carroll moved the court to dismiss the indictment on the ground that the two offenses were part of a single “episode” within the context of HRS § 701-109(2) and should have been prosecuted in a single proceeding. The trial court granted Carroll’s motion to dismiss the indictment and the State appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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