STATE v. IRVIN

No. 5006.

488 P.2d 327 (1971)

STATE of Hawaii, Plaintiff-Appellee, v. John Robert IRVIN, Defendant-Appellant.

Supreme Court of Hawaii.

August 27, 1971.


Attorney(s) appearing for the Case

Brook Hart, Public Defender, Honolulu (Andrea Levin, Deputy Public Defender, on the briefs), for defendant-appellant.

Lloyd L. Ching, Deputy Pros. Atty. City & County of Honolulu, Honolulu (Barry Chung, Pros. Atty. on the brief), for plaintiff-appellee.

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


MARUMOTO, Justice.

After a jury trial in the first circuit court upon an indictment charging him with the commission of first degree murder, defendant was convicted of murder in the second degree.

On this appeal, defendant seeks reversal of the judgment of conviction on three grounds: first, that the circuit court erred in commenting adversely on his testimony in violation of his right to a fair and impartial trial; second, that the court erred in refusing...

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