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State v. Jardine

11/25/2002

ndard applies whether the case was tried before a judge or a jury. The test on appeal is not whether guilt is established beyond a reasonable doubt, but whether there was substantial evidence to support the conclusion of the trier of fact. "Substantial evidence" as to every material element of the offense charged is credible evidence which is of sufficient quality and probative value to enable a person of reasonable caution to support a conclusion. State v. Malufau, 80 Hawaii 126, 133, 906 P.2d 612, 619 (1995) (quoting State v. Okumura, 78 Hawaii 383, 403, 894 P.2d 80, 100 (1995)).


Reviewing the evidence in the record according to the foregoing standard, we conclude that there was sufficient evidence adduced at trial to negate Jardine's defense. Therefore, the family court did not err in denying Jardine's motion for judgment of acquittal.


CONCLUSION


For the foregoing reasons, we vacate the April 20, 2001 judgment of the family court and remand this case for further proceedings consistent with this opinion.






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