STATE v. SEGURITAN

No. 12671.

766 P.2d 128 (1988)

STATE of Hawaii, Plaintiff-Appellee, v. Andres SEGURITAN, Defendant-Appellant, and Ruben R. Seguritan, Defendant.

Supreme Court of Hawaii.

December 30, 1988.


Attorney(s) appearing for the Case

Chester M. Kanai, on the brief, Honolulu, for defendant-appellant.

Jeffrey M. Albert, Deputy Pros. Atty., on the brief, Honolulu, for plaintiff-appellee.

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


PADGETT, Justice.

This is an appeal from a sentence of life imprisonment with a possibility of parole for the offense of murder in the second degree (HRS §§ 707-701.5(1) and 706-656). Appellant contends that the trial court erred in giving the following instruction:

The term "extreme mental or emotional disturbance" as used in the Manslaughter defense denotes the emotional state of an individual who 1) is exposed to an extremely unusual and overwhelming...

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