Territory v. Abad and Pahinag

OPINION OF THE COURT BY

TOWSE, C. J.

The defendants were convicted of robbery in the second degree. Writ of error issued upon the denial of defendants’ motion for a new trial asserting newly discovered evidence.

On April 20, 1949 the complaining witness, Filemon Lata, while proceeding to a bank in Honolulu to withdraw funds, encountered the defendants riding in an automobile. They offered to drive him to the bank. The evidence establishes that upon inquiry, Lata permitted them to examine his bankbook then bearing a deposit entry of $1500 on March 31, 1949 and later, a withdrawal in that amount…