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STATE v. INOUE

No. 8047.

646 P.2d 983 (1982)

STATE of Hawaii, Plaintiff-Appellee, v. Yasuichi INOUE, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

Certiorari Granted July 29, 1982.

Attorney(s) appearing for the Case

Jonathan Ezer, Honolulu (Alvin T. Sasaki, Honolulu, on opening brief; Milton S. Tani, Honolulu, on reply brief), for defendant-appellant.

Lila B. Le Duc, Deputy Pros. Atty., City and County of Honolulu, for plaintiff-appellee.

Before BURNS, C.J., HEEN, J., and WAKATSUKI, Circuit Judge, assigned by reason of vacancy.

HEEN, Judge.

Defendant, Yasuichi Inoue, appeals from a judgment of conviction for manslaughter.1 We find that the trial court erred in failing to instruct the jury that the State had the burden of proving beyond a reasonable doubt that the defendant lacked justification.

Defendant was indicted by the Oahu Grand Jury on charges of murder in violation of Hawaii Revised Statutes (HRS) § 707-701 (1976), and carrying a firearm...

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