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STATE v. BREZEE

No. 8185.

657 P.2d 1044 (1983)

STATE of Hawaii, Plaintiff-Appellee, v. Keith D. BREZEE, Defendant-Appellant.

Supreme Court of Hawaii.

February 2, 1983.

Attorney(s) appearing for the Case

Stephen T. Hioki, Honolulu, for defendant-appellant.

Shirley Smith, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, Acting C.J., NAKAMURA and PADGETT, JJ., Circuit Judge CHANG, Assigned by Reason of Vacancy, and Circuit Judge SPENCER, in Place of Associate Justice HAYASHI, Disqualified.

PADGETT, Justice.

This is an appeal from a conviction of murder and attempted rape. There are four claims of error. (1) That appellant's right to counsel was violated by the State in the statements taken from him. (2) That the language of the indictment for attempted rape was defective. (3) That the jury should have been instructed on the attempted rape count that "conduct shall not be considered a substantial step under [the attempt statute] unless it is strongly...

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