STATE v. MATSUDA

No. 4612.

50 Haw. 128 (1967)

432 P.2d 888

STATE OF HAWAII v. TORAO CARL MATSUDA.

Supreme Court of Hawaii.

November 1, 1967.


Attorney(s) appearing for the Case

Hideki Nakamura (Bouslog & Symonds of counsel) for defendant-appellant.

Barclay Bryan, Deputy Prosecuting Attorney, City and County of Honolulu (John H. Peters, Prosecuting Attorney, with him on the brief) for the State, plaintiff-appellee.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE AND LEVINSON, JJ.


OPINION OF THE COURT BY MIZUHA, J.

Defendant appeals from a judgment of conviction for negligent homicide in the second degree1 after trial without a jury.

Defendant contends that the automobile accident which resulted in the death of a pedestrian on the sidewalk was the "result of an unforeseeable sudden loss of consciousness" and in determining his guilt, the trial judge applied an erroneous legal test.

In his findings...

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