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State v. Jones

Supreme Court of Hawaii
Jul 6, 1979
597 P.2d 210 (Haw. 1979)

Summary

holding that a shotgun constitutes a deadly or dangerous weapon

Summary of this case from State v. Sanchez

Opinion

NO. 6567

July 6, 1979

APPEAL FROM DISTRICT COURT OF THE FIRST CIRCUIT HONORABLE PHILIP T. CHUN, JUDGE.

RICHARDSON, C.J., OGATA AND MENOR, JJ., AND RETIRED JUSTICE KOBAYASHI AND CIRCUIT JUDGE LUM, ASSIGNED BY REASON OF VACANCIES

Richard S. Kawana, Deputy Public Defender on the briefs for defendant-appellant.

Glenn M. Miyajima, Deputy Prosecuting Attorney on the brief for plaintiff-appellee.


The defendant was convicted of the offense of carrying a deadly weapon, to wit, a shotgun, in violation of HRS 134-51 which provides:

"Any person not authorized by law, who carries concealed upon his person or within any vehicle used or occupied by him, or who is found armed with any dirk, dagger, blackjack, slug shot, billy, metal knuckles, pistol, or other deadly or dangerous weapon, shall be fined not more than $250, or imprisoned not more than one year, or both."

The defendant claims that a shotgun is not a "deadly or dangerous weapon" within the meaning of the statute. His contention is without merit, and his reliance upon State v. Rackle, 55 Haw. 531, 523 P.2d 299 (1974), is misplaced. A shotgun is a dangerous weapon per se. Cf. Id. "The instrument proscribed [by the statute] is one which was designed primarily as a weapon, or one which has been diverted from its normal use and prepared and modified for combat purposes." State v. Giltner, 56 Haw. 374, 376, 537 P.2d 14, 16 (1975). A shotgun's primary design and purpose is to inflict injury. And while a shotgun is normally used for hunting purposes, it has also been used to cause death or other bodily injury to human beings.

Affirmed.


Summaries of

State v. Jones

Supreme Court of Hawaii
Jul 6, 1979
597 P.2d 210 (Haw. 1979)

holding that a shotgun constitutes a deadly or dangerous weapon

Summary of this case from State v. Sanchez
Case details for

State v. Jones

Case Details

Full title:STATE OF HAWAII, Plaintiff-Appellee, v. WILLIAM JONES, Defendant-Appellant

Court:Supreme Court of Hawaii

Date published: Jul 6, 1979

Citations

597 P.2d 210 (Haw. 1979)
597 P.2d 210

Citing Cases

State v. Sanchez

(b) Whoever knowingly possesses or intentionally uses or threatens to use a deadly or dangerous weapon while…

State v. Muliufi

We have previously examined whether certain instruments not enumerated in HRS § 134-51 were within its…