State v. Kupau

OPINION OF THE COURT BY

OGATA, J.

Defendant-appellant Wendell Kupau (hereinafter appellant) was charged with Assault in the Third Degree, in violation of HRS § 707-712. After pleading not guilty, appellant was found guilty in a bench trial of Harassment, in violation of HRS § 711-1106. Appellant was placed on six months’ probation.

The uncontradicted evidence showed that the assault charge stemmed from an incident in Waikiki on the evening of July 7,1978. The victim, Robert Turner, and his girl friend were walking ewa on the mauka sidewalk on Kalakaua Avenue. Suddenly from behind, appellant…