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STATE v. RUSSO

No. 11115.

734 P.2d 156 (1987)

STATE of Hawaii, Plaintiff-Appellee, v. Patrick Constantino RUSSO, Defendant-Appellant.

Supreme Court of Hawaii.

March 16, 1987.

Attorney(s) appearing for the Case

Richard T. Pafundi, Honolulu, for defendant-appellant.

Howard Luke (Peter Van Name Esser on the brief), Deputy Pros. Attys., Honolulu, for plaintiff-appellee.

Before NAKAMURA, Acting C.J., PADGETT, HAYASHI, and WAKATSUKI, JJ., and TANAKA, Intermediate Court of Appeals Associate Judge, in place of LUM, C.J., Recused.

NAKAMURA, Justice.

Once again, Patrick Constantino Russo appeals from the judgment of the Circuit Court of the First Circuit adjudging him guilty of the murders of Carl Greene and Johnny Carson.1 The circuit court, he now avers, "erred in refusing to instruct the jury regarding the Defendant's asserted defense that he acted under the influence of an `extreme emotional disturbance for which there [was] a reasonable explanation.'"

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