State v. Horswill

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \A defendant may not be convicted of both charged offenses if one is an `included' offense as defined by HRS § 701-109(4).\
• “A defendant may not be convicted of both charged offenses if one is an ‘included’ offense as defined by HRS § 701-109(4).”
• if a separate consent instruction is given, lack of consent need not be included as a material element of sexual assault
• if a separate consent instruction is given, lack of consent need not be included as a material element of sexual assault
• “where two different criminal acts are at issue, supported by different factual evidence, even though separated in time by only a few seconds, one offense by definition cannot be included in the other”
• each act constituting a sexual assault is punishable as a separate and distinct offense

Source: CourtListener parenthetical corpus (CC0).