# State v. Tamanaha

> Hawaii Supreme Court · December 10, 1962 · 46 Haw. 245

URL: https://www.frixlaw.com/law-library/cases/9545986

## Case

- **Full name:** State of Hawaii v. Larry Tamanaha
- **Court:** Hawaii Supreme Court
- **Decided:** December 10, 1962
- **Citations:** 46 Haw. 245; 377 P.2d 688; 1962 Haw. LEXIS 98
- **Precedential status:** Published
- **Opinion:** Concurrence by Cassidy
- **Judges:** Tsukiyama, Cassidy, Wirtz, Lewis, Mizuha
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9545986

## Opinion text

*260 CONCURRING OPINION OF
CASSIDY, J.
I concur in the construction of R.L.H. 1955, § 311-1, adopted in the court’s opinion. I also am in full accord with the ultimate holding that the evidence sustains the conviction. However, I am unable to agree that the proof in the case warrants the inference defendant impetuously “stepped on the gas” after he turned into Sixth Avenue. On my analysis of the evidence, the conviction soundly and properly rests on the permitted inference that the defendant — whatever the speed he was travelling at the time — negligently failed to observe and react to the presence in his path of the parked Dodge as he proceeded up Sixth Avenue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9545986. Public record. Not legal advice.