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STATE v. TOMAS

No. 17312.

933 P.2d 90 (1997)

84 Hawai`i 253

STATE of Hawai`i, Plaintiff-Appellee, v. Nelson TOMAS, Defendant-Appellant.

Intermediate Court of Appeals of Hawai`i.

As Amended March 7, 1997.

Attorney(s) appearing for the Case

Todd A. Watanabe, Deputy Public Defender, on the brief, Honolulu, for defendant-appellant.

Marie Kosegarten, Deputy Prosecuting Attorney, County of Maui, on the brief, Wailuku, for plaintiff-appellee.

Before WATANABE, ACOBA and KIRIMITSU, JJ.

ACOBA, Judge.

We hold in this appeal by Defendant-Appellant Nelson Tomas (Defendant) from a Hawai`i Revised Statutes (HRS) § 709-906(1) (1993)1 conviction for abuse of his wife, Judith Tomas (Judith), a family and household member, that (1) a prior inconsistent statement is admissible as substantive evidence of the facts asserted therein and is sufficient to establish physical abuse and the manner in which it was inflicted without...

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