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STATE v. COYLE

Nos. 13614, 13673.

785 P.2d 1320 (1990)

STATE of Hawaii, Plaintiff-Appellee, v. Michael A. COYLE, Defendant-Appellant. STATE of Hawaii, Plaintiff-Appellee, v. John DEETER, Defendant-Appellant.

Supreme Court of Hawaii.

January 29, 1990.

Attorney(s) appearing for the Case

Phyllis Hironaka, Deputy Public Defender (James Tagupa, Deputy Public Defender and Richard W. Pollack, Public Defender, on the briefs), Office of the Public Defender, Honolulu, for defendants-appellants.

Vickie L. Silberstein (Wallace W. Weaterwax on the brief in No. 13673), Dept. of Pros. Atty., Honolulu, for plaintiff-appellee.

Before LUM, C.J., PADGETT and WAKATSUKI, JJ., Retired Justice NAKAMURA assigned by reason of vacancy, and ICA Chief Judge BURNS in place of HAYASHI, J., recused.

LUM, Chief Justice.

In these two cases, Defendant-Appellant John Deeter and Defendant-Appellant Michael A. Coyle each appeals from his conviction of the crime of Abuse of Family and Household Members, Hawaii Revised Statute (HRS) § 709-906 (1985). Each had a non-jury trial, was charged and convicted only under HRS § 709-906. On appeal each contends that the judge's finding that a mutual affray occurred is a defense to the crime. We disagree.

Although...

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