State v. Tupuola

OPINION OF THE COURT BY

WAKATSUKI, J.

The Defendant, Anthony Sepulona Tupuola, appeals his conviction of the offense of Assault in the Second Degree in violation of Hawaii Revised Statutes (HRS) § 707-71 1(1)(c).

Defendant contends that the trial court erred in refusing to give Defendant’s requested jury instruction on Assault in the Third Degree by Mutual Consent as a lesser included offense of Assault in the Second Degree. He also contends that since Assault in the Third Degree is a lesser included offense of Assault in the Second Degree, the evidence at trial justified the giving of the…