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STATE v. FREITAS

No. 6549.

608 P.2d 408 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Clarence Daniel FREITAS III, Defendant-Appellant.

Supreme Court of Hawaii.

March 21, 1980.

Attorney(s) appearing for the Case

Kenneth T. Okamoto, Deputy Public Defender, Honolulu, for defendant-appellant.

Janice T. Futa, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., MARUMOTO, Retired Justice and LUM, Circuit Judge, assigned by reason of vacancies.

MENOR, Justice.

The defendant was indicted for murder. After a bifurcated trial, he was found guilty of manslaughter by a jury which also found him to be legally responsible for his conduct. He appeals from the judgment and sentence of the trial court. At issue is whether the trial court erred in denying his pre-trial motion for judgment of acquittal made pursuant to HRS § 704-408 which provides:

If the report of the examiners filed pursuant to section...

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