[Download] "State V. Rocker" by Hawaii Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Rocker
- Author : Hawaii Supreme Court
- Release Date : January 21, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
I dissent because I think that the evidence adduced by the government at the close of the prosecution's case was insufficient to sustain a conviction of either defendant. The trial judge erroneously denied the defendants' motion for acquittal made at that time. My view of the role that the motion for acquittal plays in the criminal process leads me to conclude that in reviewing a denial of such a motion, the appellate court should consider only the record as it existed when the motion was made. The majority opinion appears to concur in this view. However, it does so without any discussion of the important constitutional and policy considerations which I believe require the adoption of this standard of review. Thus I feel compelled to begin by stating the basis for my belief that this standard of review is the only effective means of ensuring that the motion for acquittal fulfills its proper role in the criminal process. I shall then analyse the evidence in the record at the close of the prosecution's case, indicating why I believe it to be insufficient to establish a prima facie case against either defendant.