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STATE v. CUEVAS

No. 4982.

488 P.2d 322 (1971)

STATE of Hawaii, Plaintiff-Appellee, v. Daniel Lopes CUEVAS, also known as Danny Kaopuiki, Defendant-Appellant.

Supreme Court of Hawaii.

August 27, 1971.

Attorney(s) appearing for the Case

D. Barclay Bryan, Honolulu, for defendant-appellant.

Barry Chung, Pros. Atty., City and County of Honolulu, Honolulu, for plaintiff-appellee.

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

MARUMOTO, Justice.

Defendant was tried by a jury in the first circuit court upon an indictment charging him with the commission of first degree murder in violation of HRS § 748-1 for the killing of Sueo Yoshikawa with deliberate premeditated malice aforethought and without authority, justification, or extenuation by law.

The jury returned a verdict of guilty in the second degree. Under HRS § 748-2, second degree murder involves the element of malice...

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