STATE v. CROWELL

No. 9733.

706 P.2d 453 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Wayne Mori CROWELL, also known as Harold Hamamura, Dwayne Moore Crowell and Keith, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

August 21, 1985.


Attorney(s) appearing for the Case

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

Willard J. Peterson, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

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


BURNS, Chief Judge.

A jury found defendant Wayne Mori Crowell guilty of first degree robbery1 of the Kaneohe Baskin-Robbins on March 12, 1982 (count I) and of the Ruffage and Juice Factory on March 30, 1982 (counts III and IV) and second degree robbery of the Kailua Baskin-Robbins on March 15, 1982 (count II). Crowell appeals.

I.

Crowell contends that the trial court erroneously instructed the jury as follows:

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