This section contains the nature of the case and procedural background.

Jackie Burke testified that Tripp (D) punched her five or six times in the head while in the parking structure of the Kapiolani Medical Center. Burke was pregnant at the time and overdue for delivery and was going for a caesarean section. Burke sustained injuries including a cut to the head, a bloody nose, a swelling of the right eye, cheek and lip and a scrap to the right knee. Another witness partially corroborated Burke's story but saw none of the assault. D claimed that Burke accidentally fell. D was convicted and on appeal claimed that the statute for abuse of family and household members was overbroad. During trial, Burke testified that her permanent residence was at her grandfather's house but that she had lived with D from December 1987 until March 1988 during which time she became pregnant. Burke also testified that she lived at her sister's house. The statutory definition of family or household members was a spouse, former spouse, parents, children, and persons jointly residing or formerly residing in the same dwelling unit.

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