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STATE v. HOKE

Nos. 11233, 11234.

731 P.2d 1261 (1987)

STATE of Hawaii, Plaintiff-Appellee, v. Rudolph Valentino HOKE, also known as Tino, Rudy and Moku, and Carl J. Miguel, Defendants-Appellants.

Supreme Court of Hawaii.

February 2, 1987.

Attorney(s) appearing for the Case

G. Cher Foerster (Ellen P. Godsey with her on the briefs), Deputy Pros. Attys., Dept. of Pros. Atty., Honolulu, for plaintiff-appellee.

Edward K. Harada, Deputy Public Defender, Office of the Public Defender, Honolulu, for defendant-appellant Hoke.

Reinhard Mohr, Honolulu, on the briefs, for defendant-appellee Miguel.

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

LUM, Chief Justice.

The questions posed in these consolidated appeals are (1) whether the retrial of defendants-appellants Carl J. Miguel and Rudolph Valentino Hoke on charges of robbery in the first degree pursuant to section 708-840(1)(b)(ii) of the Hawaii Revised Statutes (HRS) violated their constitutional rights against double jeopardy and (2) whether in such retrial the court improperly instructed the jury that "dangerous instrument" means any firearm. We answer...

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