STATE v. KEKAUALUA

No. 4626.

50 Haw. 130 (1967)

433 P.2d 131

STATE OF HAWAII v. FRANK KAMAHALU KEKAUALUA.

Supreme Court of Hawaii.

November 1, 1967.


Attorney(s) appearing for the Case

George S. Yuda (Ushijima, Nakamoto and Yuda of counsel) for defendant-appellant.

Mamoru Shimokusu, Deputy County Attorney (Yoshito Tanaka, County Attorney, with him on the brief) for plaintiff-appellee.

RICHARDSON, C.J., MIZUHA, MARUMOTO, LEVINSON, JJ., AND CIRCUIT JUDGE KING IN PLACE OF ABE, J., DISQUALIFIED.


OPINION OF THE COURT BY MIZUHA, J.

Defendant was convicted by a jury of assault with intent to rape. He appeals from the judgment of conviction, contending first, that the evidence is insufficient to prove he "intended to have sexual intercourse with the prosecutrix by force and against her will"; and second, that he "was not identified beyond a reasonable doubt to be the person who committed the offense." Both contentions are without merit.

The complainant...

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