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STATE v. TRAVIS

No. 4187.

45 Haw. 435 (1962)

368 P.2d 883

STATE OF HAWAII v. THOMAS KALUA TRAVIS.

Supreme Court of Hawaii.

January 18, 1962.

Attorney(s) appearing for the Case

Ambrose J. Rosehill for appellant.

John H. Peters, Prosecuting Attorney and Francis T. DeMello, Deputy Prosecuting Attorney for appellee.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

OPINION OF THE COURT BY MIZUHA, J.

Defendant-appellant, Thomas Kalua Travis, after a jury trial, was found guilty of assault and battery with a weapon obviously and imminently dangerous to life.1 The appeal was submitted on the briefs without argument.

Appellant assigns as error that the trial court instructed the jury that "* * * a .22 caliber Winchester rifle is a weapon obviously and...

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