State v. Schofill

OPINION OF THE COURT BY

MENOR, J.

The defendant was indicted for the offense of promoting a dangerous drug in the first degree. He was alleged to have knowingly distributed drugs in violation of the provisions of HRS § 712-1241(1 >(b) (1976 & Supp. 1979).

The trial court dismissed the indictment on the grounds (1) that incompetent and prejudicial evidence was presented by the State to the grand jury, and (2) that the offense charged and the circumstances surrounding the alleged offense constituted a de minimis infraction as defined by HRS § 702-236(l)(b) and (c) (1976). The State appeals. We…