HI · jury_instructions
Haw. Pattern Jury Instr. (Criminal) 5.04
Merger – Continuing and Uninterrupted Course of
OF CONDUCT: H.R.S. § 701-109(1)(e)
If and only if you find the Defendant guilty of both (name
of offense) in Count (count number) and (name of offense) in
Count (count number), then you must answer the following
questions on a special interrogatory that will be provided to
you:
(1) Did the prosecution prove beyond a reasonable doubt
that the Defendant did not commit (name of offense) in Count
(count number) and (name of offense) in Count (count number) as
part of a continuing and uninterrupted course of conduct?
(2) Did the prosecution prove beyond a reasonable doubt
that the Defendant committed (name of offense) in Count (count
number) and (name of offense) in Count (count number) with
separate and distinct intents, rather than acting with one
intention, one general impulse, and one plan to commit both
offenses?
Your answers to these questions must be unanimous.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
95743fc60713cd5ebeafb761013d3349b2716f0f4cc03f5c729acc986859bcc0
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