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STATE v. RIVAS

No. 4878.

467 P.2d 575 (1970)

STATE of Hawaii v. Manuel Dominichi RIVAS, Jr.

Supreme Court of Hawaii.

April 2, 1970.

Attorney(s) appearing for the Case

Ernest Y. Yamane (Bicoy & Yamane), Honolulu, for appellant.

Thomas P. Young, Deputy Prosecuting Atty. (Barry Chung, Prosecuting Atty., Honolulu, on the brief), for respondent.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and M. DOI, Circuit Judge, in place of KOBAYASHI, J., disqualified.

PER CURIAM.

The only question presented by this appeal is whether the trial court erred in refusing to give eight jury instructions requested by the defendant and in giving, instead, two instructions requested by the State relating to the degree of resistance required of the prosecutrix in a rape case. Appellant's brief fails to comply with Rule 3(b) (5) of this court which contains the following requirement:

When the point [on which appellant intends to...

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