STATE v. JOHNSTON

Nos. 4711, 4714.

456 P.2d 805 (1969)

STATE of Hawaii v. Robert Ritchie JOHNSTON, Jr. STATE of Hawaii v. Ralph Eugene FULLER.

Supreme Court of Hawaii.

Rehearings Denied July 9, 1969.


Attorney(s) appearing for the Case

Joseph A. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel), for appellant.

Dennis A. Ing, Deputy Pros. Atty., City and County of Honolulu (John H. Peters, Prosecuting Atty., on the briefs), for appellee.

Before RICHARDSON, C.J., MARUMOTO, ABE, LEVINSON, JJ., and Circuit Judge FUKUSHIMA Assigned by Reason of Vacancy.


ABE, Justice.

Defendants in the two cases were charged with the crime of lewdness for having masturbated in public restrooms in violation of HRS § 768-52(2).

In No. 4714, defendant Fuller was first tried in the District Court of Honolulu and was found guilty and sentenced to pay a fine of $25.00. Defendant perfected an appeal to the Circuit Court of the First Circuit demanding a trial by jury.

In both...

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