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STATE v. RACKLE

No. 5501.

523 P.2d 299 (1974)

STATE of Hawaii, Plaintiff-Appellee, v. Lee RACKLE, Defendant-Appellant.

Supreme Court of Hawaii.

June 13, 1974.

Attorney(s) appearing for the Case

Chris Peterson, Deputy Public Defender, Honolulu (Donald Tsukiyama, Public Defender, of counsel) for defendant-appellant.

Stephen Lau, Deputy Pros. Atty., Honolulu, (Barry Chung, Prosecuting Atty., of counsel) for plaintiff-appellee.

Before RICHARDSON, C.J., and LEVINSON, KOBAYASHI, OGATA, and MENOR, JJ.

MENOR, Justice.

Defendant Lee Rackle was tried in district court on May 3, 1973, and found guilty of violating HRS § 727-25 (now HRS § 134-51), which prohibits the carrying of a deadly weapon. At the time of his arrest the defendant had in his possession a distress flare, commonly referred to as a "flare gun", which then contained a phosphorous cartridge. The trial court found that this distress flare was "a deadly weapon if used in an offensive manner....

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