STATE v. SILVA

No. 5064.

491 P.2d 1216 (1971)

STATE of Hawaii, Plaintiff-Appellee, v. George Ralph SILVA, Defendant-Appellant.

Supreme Court of Hawaii.

December 21, 1971.


Attorney(s) appearing for the Case

John S. Edmunds, Honolulu (Brook Hart, Public Defender, and Richard L. Rost, Deputy Public Defender, Honolulu, with him on the brief), for defendant-appellant.

Richard D. Wurdeman, Deputy Pros. Atty. (Barry Chung, Pros. Atty., with him on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.


PER CURIAM.

The appellant was convicted of a charge of sexual intercourse with a female under the age of sixteen years, HRS § 768-21. At a trial by jury the appellant sought to raise the defense of reasonable mistake of fact (as to the age of the female) as a question for the jury to consider. The trial court refused to give an instruction on this issue.

On appeal, appellant strongly urges upon this court that the better rule of law is to allow a defense...

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