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STATE v. MATIAS

No. 5798.

550 P.2d 900 (1976)

STATE of Hawaii, Plaintiff-Appellee, v. Emanuel Ayala MATIAS, Defendant-Appellant.

Supreme Court of Hawaii.

June 4, 1976.

Attorney(s) appearing for the Case

Christopher D. Ferrara, Deputy Public Defender, Honolulu (Donald K. Tsukiyama, Public Defender, Honolulu, of counsel), for defendant appellant.

Randolph R. Slaton, Deputy Pros. Atty., Honolulu (Maurice Sapienza, Pros. Atty., Honolulu, of counsel), for plaintiff-appellee.

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

OGATA, Justice.

Pursuant to HRS § 641-11 (Supp. 1975) and H.R.Cr.P. Rule 37, defendant appeals from three convictions of rape in the second degree, based upon jury verdicts. Two of the convictions are founded on violations of Sec. 731(1)(a),1 Hawaii Penal Code, and one on a violation of Sec. 731 (1)(b),2 Hawaii Penal Code. This court has jurisdiction pursuant to HRS § 602-5 (Supp. 1975) and HRS &...

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