State v. Echineque

OPINION OF THE COURT BY

PADGETT, J.

Appellant Arwin R. Echineque (appellant) appeals from a judgment and sentence entered by the First Circuit Court after a jury had found him guilty of assault in the first degree in violation of HRS § 707-710.

Appellant contends that the conviction should be reversed because the trial judge, over objection, employed a method of impaneling the jury which does not comply with the provisions of HRS § 635-26(a). We agree, vacate the judgment, and remand the case for a new trial. HRS § 635-26 provides as follows:

Impaneling, (a) At the trial of any cause requiring a…