State v. Cannon

DISSENTING OPINION OF

LEWIS, J.

Finding ground for reversal in the disposition of the case at the close of the evidence, I respectfully dissent. The following transpired in the district court:

THE COURT: Section 291-5, Hawaii Revised Statutes, as amended, Section 3 says: “If there was ten-hundredths per cent or more by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was under the influence.” There has been nothing substantial to rebut that presumption.

MR. CHOY: Well, Your Honor, —

THE COURT: I’ve asked you if there’s anything *167more. Now, I’m giving you a…