Territory v. Kaeha

Citations

• 24 Haw. 467
• 1918 Haw. LEXIS 14

Syllabus

<p>Criminal Law — instructions.</p> <p>An erroneous instruction, clearly prejudicial, cannot be cured by another instruction which correctly states the law but does not call the attention of the jury to the erroneous instruction.</p> <p>Same — same.</p> <p>The defendant in a criminal trial has the right to have the court instruct the jury in the law applicable to. his contention, if supported by substantial evidence, however weak, unsatisfactory or inconclusive it may appear to the court.</p> <p>Murder.</p> <p>Murder committed in the commission or attempt to commit a crime not punishable with death and not committed with extremé atrocity or cruelty is not, per se, murder in the first degree.</p>