State v. Miller

OPINION OF THE COURT BY

LUM, C.J.

Rudy Miller was convicted by a jury of attempted murder, as the result of a barroom brawl on August 5, 1980. At trial, the prosecution sought to have Mercy Toro, the bartendress, testify and Miller’s attorney objected, claiming surprise, prejudice and violation of Rule 16, H.R.P.P. 1 because the prosecution had failed to disclose her name as a witness. The issue on appeal is whether the lower court abused its discretion in allowing Toro to testify. Under the circumstances we find no abuse of discretion and affirm.

The test for determining if a lower court has…