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STATE v. MORENO

No. 9143.

709 P.2d 103 (1985)

STATE of Hawaii, Plaintiff-Appellee, v. Alvin Dennis MORENO, Defendant-Appellant, and Morgan Bruce Bohol, Defendant.

Supreme Court of Hawaii.

November 8, 1985.

Attorney(s) appearing for the Case

Patrick M. Moscatello, Honolulu, for defendant-appellant.

Willard Peterson (Shirley Smith, on the brief), Deputy Pros. Attys., Honolulu, for plaintiff-appellee.

PADGETT, Justice.

This is an appeal from a conviction of rape in the first degree in violation of HRS § 707-730(1)(a)(i). We reverse.

The indictment in question read as follows:

COUNT II: On or about the 19th day of October, 1980, in the City and County of Honolulu, State of Hawaii, ALVIN DENNIS MORENO did intentionally engage in sexual intercourse by forcible compulsion with Stephanie Lewis... .

Nine days after the incident in question...

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