STATE v. KAHUNAHANA

No. 4317.

402 P.2d 679 (1965)

STATE of Hawaii v. Solomon Pua KAHUNAHANA, Jr., and Charles Penikila Apau, Jr.

Supreme Court of Hawaii.

May 28, 1965.


Attorney(s) appearing for the Case

Ambrose J. Rosehill, Honolulu (Joseph L. Dwight, Jr., Honolulu, on the brief), for appellants.

Bert S. Tokairin, Pros. Atty., Honolulu, for respondent.

Before TSUKIYAMA, C. J., and CASSIDY, WIRTZ, LEWIS and MIZUHA, JJ.


PER CURIAM.

Defendants were indicted, tried and convicted by a jury in the First Circuit Court of the crime of rape.

The principal question raised by this appeal is whether the trial court should have instructed the jury that "in order to conclude a rape occurred there must be not only an entire absence of mental consent or assent, but there must be the most vehement exercise of every physical means or faculty within the woman's power to resist," or whether...

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