State v. Torres

OPINION OF THE COURT BY

NAKAMURA, J.

The three-count indictment against Samson Torres (the defendant) charged him in one count with having committed the crime of Incest 1 in violation of HRS § 707-741 and in the remaining counts with having committed the crime of Sexual Abuse in the First Degree in violation of HRS § 707-736(l)(a). The circuit court dismissed the Incest count on the ground that it did not charge an offense because it failed to allege the state of mind necessary to establish the offense. The State of Hawaii (the State) challenges the dismissal, asserting Incest is a general…