State v. Matias

OPINION OF THE COURT BY

OGATA, J.

Pursuant to HRS § 641-11 (Supp. 1975) and H.R.Cr.P. Rule 37, defendant appeals from three convictions of rape in the second degree, based upon jury verdicts. Two of the convictions are founded on violations of Sec. 731(l)(a), Hawaii Penal Code, and one on a violation of Sec. 731(l)(b), Hawaii Penal Code. This court has jurisdiction pursuant to HRS § 602-5 (Supp. 1975) and HRS § 641-16 (Supp. 1975). We affirm the convictions.

A grand jury indictment was filed on March 7, 1974, charging defendant with five counts 3 of rape in the second degree. The alleged rapes…