STATE v. NAPOLEON

No. 7880.

633 P.2d 547 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. Andres NAPOLEON, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

September 2, 1981.


Attorney(s) appearing for the Case

Francis Akamine, Law Student Intern (John Barkai, Supervising Atty.), Honolulu, for defendant-appellant.

Arthur Ross, Deputy Pros. Atty., Honolulu (Kevin S.C. Chang, Deputy Pros. Atty., Honolulu, on brief), for plaintiff-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.


PADGETT, Judge.

Appellant was convicted of Assault in the Third Degree. It is undisputed that appellant hit the complaining witness with a baseball bat and broke his arm.

Appellant contends that he established a prima facie case of self-defense; that the court erroneously excluded evidence of the complaining witness' past actions and character; and that the court erred in imposing a duty to retreat upon him. We disagree and affirm.

Appellant...

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