OPINION OF THE COURT BY LEWIS, J.
On defendant-appellee's motion the charge against him, based on R.L.H. 1955, § 142-27, was dismissed by the district magistrate on the ground that the statute is unconstitutionally vague. The State appealed on points of law.
We first consider the State's contention that: "The District Magistrate does not have the power to decide the constitutionality and binding effect of section 142-27, Revised Laws of Hawaii, 1955....
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