State v. Adams

This appeal was taken by the State from an order of the trialj'udge dismissing before trial an indictment charging defendant, Edwin B. Adams, with the offenses of promoting a harmful drug in the second degree under HRS § 7l2-1245(l)(c) (1976) and promoting a dangerous drug in the second degree under HRS § 7l2-1242(l)(c) (1976). The ruling of the court raises the issues of whether the State, having knowledge of a defense, must include the defense in the language of the indictment and whether the facts supporting such defense must be presented to the grand jury. We answer both questions in the…