State v. Matsuda

OPINION OF THE COURT BY

MIZUHA, J.

Defendant appeals from a judgment of conviction for negligent homicide in the second degree 1 after trial without a jury.

Defendant contends that the automobile accident which resulted in the death of a pedestrian on the sidewalk was the “result of an unforeseeable sudden loss of consciousness” and in determining his guilt, the trial judge applied an erroneous legal test.

In his findings of facts, the trial judge found:

“And the defense that has been advanced by the defendant that he blacked out while driving along Kalakaua Avenue I completely reject as having no…