State v. Daly

OPINION OF THE COURT BY

TANAKA, J.

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 85l-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.

The evidence presented to the grand jury shows the following facts. On August 11, 1981, Darrell M. Egeland discovered that his wallet, including all of his credit cards, was missing. On August 12,…