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STATE v. YOSHIMOTO

No. 7621.

635 P.2d 560 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. Harumi YOSHIMOTO, Defendant-Appellant.

Supreme Court of Hawaii.

October 28, 1981.

Attorney(s) appearing for the Case

Nelson Christensen, Lahaina, on the brief, for defendant-appellant.

John E. Tam, Deputy Pros. Atty., County of Maui, Wailuku, on the brief, for plaintiff-appellee.

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

PER CURIAM.

Defendant-appellant Harumi Yoshimoto was acquitted by a jury of rape in the first degree, HRS § 707-730(1)(a), and sodomy in the first degree, HRS § 707-733(1)(a), but at the same time, he was convicted of the lesser-included offense of sexual abuse in the first degree. Defendant subsequently moved for judgment of acquittal on the grounds that the jury's verdict was fatally inconsistent and that there was insufficient evidence to support the...

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