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STATE v. BRIGHTER

No. 6634.

595 P.2d 1072 (1979)

STATE of Hawaii, Plaintiff-Appellee, v. David BRIGHTER, Defendant-Appellant.

Supreme Court of Hawaii.

June 1, 1979.

Attorney(s) appearing for the Case

Edmund K.U. Yee, Deputy Public Defender, Honolulu (Donna M. Woo, Deputy Public Defender, Honolulu, on the brief), for defendant-appellant.

Faye M. Koyanagi, Deputy Pros. Atty. (Cora K. Lum, Deputy Pros. Atty., on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., and MARUMOTO and KOBAYASHI Retired JJ., assigned by reason of vacancies.

OGATA, Justice.

Defendant-appellant David Brighter (hereinafter appellant) was convicted by a jury of the offense of promoting a detrimental drug in the second degree. He now alleges error in the giving of a jury instruction relating to the statutory inference set out in HRS § 712-1251 (1976).1 Appellant contends that the inference permitted by that statute constitutes a violation of due...

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