State v. Herrera

OPINION OF THE COURT BY

LUM, J.

On March 19, 1979, appellants Carlos A. Herrera and Arthur Cummins, III, were jointly tried for rape in the first degree (§ 707-730(l)(a)(i), Hawaii Revised Statutes (HRS)), sodomy in the first degree (§ 707-733(l)(a)(i), HRS) and robbery in the first degree (§ 708-840(l)(b)(ii), HRS) in the circuit court of the first judicial circuit and were convicted of the latter two offenses. From their convictions, this appeal was taken.

We consider only two of the issues raised by this appeal: Whether the trial court erred in denying appellants’ motions to dismiss under…