STATE v. ROCKER

No. 4898.

475 P.2d 684 (1970)

STATE of Hawaii, Plaintiff-Appellee, v. Richard Barry ROCKER and Joseph Cava, Defendants-Appellants.

Supreme Court of Hawaii.

October 21, 1970.


Attorney(s) appearing for the Case

Sanford J. Langa, Wailuku, Maui, Jay W. Nelson, Honolulu, for appellant.

Ernest K.C. Ching, Deputy County Atty., County of Maui, Wailuku, Maui (Kase Higa, County Atty., Wailuku, Maui, with him on the brief), for appellee.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and OGATA, Circuit Judge, for KOBAYASHI, J., disqualified.


RICHARDSON, Chief Justice.

Defendants-appellants, having waived a jury trial, were tried in the circuit court of the second circuit and found guilty as charged for violation of HRS § 727-1 for creating a common nuisance. The complaint read: "That Richard Barry Rocker and Joseph Cava [defendants] at Puu Olai, Makena, District of Makawao, County of Maui, State of Hawaii, on the 26th day of February, 1969, did openly sun bathe in the nude, which was offensive and...

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