STATE v. STUART

No. 4798.

466 P.2d 444 (1970)

STATE of Hawaii v. J.D. STUART, also known as J.D. James.

Supreme Court of Hawaii.

March 12, 1970.


Attorney(s) appearing for the Case

James M. Morita and Robert S. Toyofuku, Honolulu, for defendant-appellant.

William J. Eggers, III, Deputy Pros. Atty., Honolulu, Barry Chung, Pros. Atty., on the brief, for plaintiff-appellee.

Before RICHARDSON, C.J., MARUMOTO, ABE, and LEVINSON, JJ., and Circuit Judge OGATA for KOBAYASHI, J., disqualified.


RICHARDSON, Chief Justice.

Defendant was convicted in circuit court of embezzlement. This appeal challenges the sufficiency of the evidence on the question of intent and attacks the trial court's refusal to give two instructions requested by the defendant.

Defendant had been the manager of several Waikiki apartments owned by the complainant, who lived in California. Under an arrangement with the owner, defendant was to collect rent from the tenants each month...

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