STATE v. OSHIRO

No. 9012.

696 P.2d 846 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. George Tadashi OSHIRO, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

January 30, 1985.


Attorney(s) appearing for the Case

Wayne D. Parsons, Honolulu, for defendant-appellant.

Peter Van Name Esser, Deputy Pros. Atty., Honolulu (Emlyn H. Higa, Deputy Pros. Atty., Honolulu, on the brief), for plaintiff-appellee.

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


TANAKA, Judge.

Defendant Dr. George Oshiro (Defendant), a dentist, appeals his conviction of raping a woman as she lay semiconscious under dosages of nitrous oxide in violation of Hawaii Revised Statutes (HRS) § 707-732, Rape in the Third Degree.1 Defendant contends on appeal as follows: (1) that the victim was not mentally incapacitated or physically helpless under the statute; (2) that the statute is unconstitutionally vague and...

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