State v. Smith

OPINION OF THE COURT BY

OGATA, J.

On August 13, 1975, Kenneth Allan Smith (hereinafter appellant) was indicted by the Oahu Grand Jury for the offense of escape in the second degree, in violation of section 1021 of the Hawaii Penal Code (HPC). The instant appeal is taken by appellant from his conviction of this charge. We affirm.

The charge stems from an incident which occurred on November 3, 1974. On that date, the appellant was given a day pass which allowed him to leave the confines of the Hawaii Youth Correctional Facility (HYCF) at Kawailoa to which he had been duly committed by the family…