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STATE v. KUPAU

No. 7205.

620 P.2d 250 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Wendell C. KUPAU, Defendant-Appellant.

Supreme Court of Hawaii.

November 26, 1980.

Attorney(s) appearing for the Case

Carolyn M. Bain, Deputy Public Defender, Honolulu (Marie N. Milks, Deputy Public Defender, Honolulu, on the opening brief), for defendant-appellant.

Roland L.H. Nip, Deputy Pros. Atty., City & County of Honolulu, Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

OGATA, Justice.

Defendant-appellant Wendell Kupau (hereinafter appellant) was charged with Assault in the Third Degree, in violation of HRS § 707-712. After pleading not guilty, appellant was found guilty in a bench trial of Harassment, in violation of HRS § 711-1106. Appellant was placed on six months' probation.

The uncontradicted evidence showed that the assault charge stemmed from an incident in Waikiki...

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