State v. Rackle

OPINION OF THE COURT BY

MENOR, J.

Defendant Lee Rackle was tried in district court on May 3, 1973, and found guilty of violating HRS § 727-25 (now HRS § 134-51), which prohibits the carrying of a deadly weapon. At the time of his arrest the defendant had in his possession a distress flare, commonly referred to as a “flare gun”, which then contained a phosphorus cartridge. The trial court found that this distress flare was “a deadly weapon if used in an offensive manner.” In denying the defendant’s motion for reconsideration, the court stated that it found the flare gun to be a per se deadly…