BURNS, Chief Judge.
On April 22, 1979 defendant Steven Eachus Sujohn shot and killed Robin Diemert. After a bench trial, Sujohn was convicted of murder in violation of Hawaii Revised Statutes (HRS) § 707-701 (1976) and sentenced. We affirm.
On appeal, Sujohn contends in the alternative as follows:
1. That he was entitled to an acquittal because the prosecutor failed to prove beyond a reasonable doubt that at the time of the homicide Sujohn did...
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