Legal Opinion

State v. Motta

Hawaii Supreme Court

Decided January 31, 1983No. 8380PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT BY

PADGETT, J.

Defendant-Appellant David Kalei Motta (Motta) appeals his jury conviction for burglary in the second degree. Motta’s contention on appeal is that the grand jury indictment against him failed to allege the specific crime against a person or property which he intended to commit when entering the building. He argues that such an allegation is an essential element in charging the offense of burglary, and therefore, his conviction should be reversed.

At the outset, we decide that since Motta failed to raise any objection to the indictment until after trial, it must…

2Cases cited19 opinions

  1. Hagner v. United StatesSupreme Court of the United States · 1932
  2. United States v. Hugh MacLeod Pheaster, United States of America v. Angelo IncisoCourt of Appeals for the Ninth Circuit · 1976
  3. United States v. Gordon R. ThompsonCourt of Appeals for the Second Circuit · 1965
  4. State v. JendruschHawaii Supreme Court · 1977
  5. State v. LoraSupreme Court of Kansas · 1973

14 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. State v. WellsHawaii Supreme Court · 1995
  2. State v. MerinoHawaii Supreme Court · 1996
  3. State v. WheelerHawaii Supreme Court · 2009
  4. State v. CordeiroHawaii Supreme Court · 2002
  5. State v. ElliottHawaii Supreme Court · 1994

40 more not listed; retrieve them via the Exa API.

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