State v. Baker

DISSENTING OPINION OF

KOBAYASHI. J.

I would reverse and acquit defendant. Even a cursory reading of Section 852 of the Hawaii Penal Code,1 which provides in relevant part:(1) A person commits the offense of forgery in the second degree if, with intent to defraud, he falsely makes, completes, or alters a written instrument, or utters a forged instrument . . . ,

makes it clear that the defendant was unlawfully convicted. The indictment charged the defendant, to-wit: . . did,

with intent to defraud, falsely complete and utter a written instrument” (emphasis added). The indictment does not charge the…