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STATE v. TUPUOLA

No. 10323.

711 P.2d 1289 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Anthony Sepulona TUPUOLA, Defendant-Appellant.

Supreme Court of Hawaii.

December 16, 1985.

Attorney(s) appearing for the Case

Richard K. Perkins (Yuen & Perkins, of counsel), Honolulu, for defendant-appellant.

Peter M. Wilkens, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

WAKATSUKI, Judge.

The Defendant, Anthony Sepulona Tupuola, appeals his conviction of the offense of Assault in the Second Degree in violation of Hawaii Revised Statutes (HRS) § 707-711(1)(c).1

Defendant contends that the trial court erred in refusing to give Defendant's requested jury instruction on Assault in the Third Degree by Mutual Consent as a lesser included offense of Assault in the Second Degree. He also contends...

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