State v. Gonsalves

OPINION OF THE COURT BY

TANAKA, J.

Defendant George Gonsalves (Defendant) appeals his conviction of Rape in the Third Degree of a mentally retarded woman under Hawaii Revised Statutes (HRS) § 707-732(1) (Supp. 1984). Defendant contends that the trial court erred (1) in denying his motion for judgment of acquittal since the evidence was insufficient to prove that the victim was “mentally defective”; (2) in finding the victim competent to testify; (3) in admitting into evidence the victim’s mother’s hearsay testimony; (4) in denying his motion for mistrial based on the mother’s prejudicial…