(Download) "State V. Holbron" by Hawaii Supreme Court ~ eBook PDF Kindle ePub Free

July 20, 2021

eBook details

Title: State V. Holbron
Author : Hawaii Supreme Court
Release Date : January 20, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 76 KB

Description

The matter before us confronts this court for the first time with the question whether, in combination, Hawai'i Revised Statutes (HRS) §§ 705-500 (1993)*fn1 and 707-702(1)(a) (1993)*fn2 create the offense of attempted manslaughter. Put differently, we consider whether, under the Hawai'i Penal Code (HPC) and within the context of the general criminal attempt liability delineated therein, it is possible for a defendant to be charged with or convicted of the offense of "attempted manslaughter" premised upon the defendant attempting recklessly to cause the death of another person. In State v. Tagaro, 7 Haw. App. 291, 757 P.2d 1175, cert. granted, 69 Haw. 678, P.2d (1987), cert. dismissed, 70 Haw. 666, 796 P.2d 502 (1988), the Intermediate Court of Appeals (ICA) held, inter alia, that "a person charged with attempted murder, an intentional crime, may be found guilty of attempted manslaughter[,]" pursuant to HRS §§ 705-500 and 707-702(1)(a), "if the person acted intentionally or knowingly under mitigating circumstances that do not constitute [a] complete justification." Tagaro, 7 Haw. App. at 297, 757 P.2d at 1178.