STATE v. JOHNSON

No. 8011.

653 P.2d 428 (1982)

STATE of Hawaii, Plaintiff-Appellee, v. Thomas JOHNSON, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied December 15, 1982.


Attorney(s) appearing for the Case

Edward F. Mason, Wailuku (Mason & Yoshii, Wailuku, of counsel), on the briefs for defendant-appellant.

Marilyn M. Moniz, Deputy Pros. Atty., Wailuku, County of Maui, on the brief for plaintiff-appellee.

Before BURNS, C.J., and HEEN and TANAKA, JJ.


HEEN, Judge.

Defendant appeals from his conviction of Negligent Homicide in the Second Degree.

On November 30, 1978, defendant was indicted by the Maui Grand Jury on a charge of Negligent Homicide in the First Degree in violation of Hawaii Revised Statutes (HRS) § 707-703 (1976). After jury trial, the defendant was convicted of the lesser offense of Negligent Homicide in the Second Degree, HRS § 707-704 (1976), which reads:

(1) A person...

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