State v. Sprattling

Dissenting Opinion by

LEVINSON, J., With Whom RAMIL, J., Joins.

The defendant-appellant Darrell T. Sprat-tling appeals from the judgment, conviction, and sentence of the district court of the first circuit with respect to one count of assault in the third degree, pursuant to Hawai'i Revised Statutes (HRS) § 707-712(1) (1993).1 On appeal, Sprattling raises four points of error: (1) that the oral charge failed to state an essential element of the offense; (2) that the colloquy regarding waiver of jury trial wás insufficient; (3) that the district court’s questioning of witnesses during…