STATE v. LIMA

No. 7571.

624 P.2d 1374 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. William LIMA III, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

Certiorari Granted March 31, 1981.


Attorney(s) appearing for the Case

G. Stephen Elisha, Deputy Public Defender, Honolulu, for defendant-appellant.

Edward H. Kubo, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

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


PER CURIAM.

Appellant William Lima, III appeals his conviction for rape in the first degree, Hawaii Revised Statutes (HRS) § 707-730. He contends there was not substantial evidence to support the jury's conclusion of guilt beyond a reasonable doubt. We agree and reverse.

The government's evidence at trial established the following: On April 1, 1979, at approximately 4:00 p.m., 14-year-old Stacey South asked appellant, the husband or ex-husband...

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