State v. Rodrigues

OPINION OF THE COURT BY

HAYASHI, J.

This is an appeal by the State of Hawaii from a judgment of acquittal granted by Judge Huddy under Hawaii Revised Statutes *71(HRS) § 704-408. Appellant claims, and we agree, that there was sufficient evidence presented so as to require the judge to present the issue of sanity to the jury.1 We also decide that a defense of multiple personality syndrome (MPS) does not per se require a finding of acquittal.

Defendant was indicted on November 20,1979, on three counts of sodomy in the first degree (HRS § 707-733(l)(a)(i)) and one count of rape in the first degree…