STATE v. CARSON

No. 7325.

617 P.2d 573 (1980)

STATE of Hawaii, Plaintiff-Appellee, v. Barbara CARSON, also knows as Barbara Marie Carson, Kathleen Elizabeth Zurenda, Kathleen M. Dubcek and Barbara M. Fields, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

September 22, 1980.


Attorney(s) appearing for the Case

R. Michael Burke, Honolulu, for defendant-appellant.

Lee T. Nakamura, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.


PADGETT, Judge.

The appellant was convicted of Manslaughter after a jury trial. Her defense at trial was one of justification, i.e. self-defense. An instruction was given at the request of appellant's counsel that the burden of proof was on the appellant to prove self-defense by a preponderance of the evidence. Because of the giving of that instruction, we reverse.

The appellant stabbed to death the decedent in her apartment on December 17, 1977. The...

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