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STATE v. GONSALVES

No. 9720.

706 P.2d 1333 (1985)

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

Intermediate Court of Appeals of Hawaii.

August 21, 1985.

Attorney(s) appearing for the Case

Samuel P. King, Jr., Honolulu, for defendant-appellant.

Peter Van Name Esser, Deputy Pros. Atty., Honolulu (Arthur E. Ross, Deputy

Pros. Atty., Honolulu, on the brief), for plaintiff-appellee.

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

TANAKA, Judge.

Defendant George Gonsalves (Defendant) appeals his conviction of Rape in the Third Degree of a mentally retarded woman under Hawaii Revised Statutes (HRS) § 707-732(1) (Supp. 1984).1 Defendant contends that the trial court erred (1) in denying his motion for judgment of acquittal since the evidence was insufficient to prove that the victim was "mentally defective"; (2) in finding the victim competent to testify; (3...

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