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STATE v. MILLER

No. 5186.

501 P.2d 363 (1972)

STATE of Hawaii, Plaintiff-Appellee, v. John Roy MILLER, Defendant-Appellant.

Supreme Court of Hawaii.

Rehearing Denied October 16, 1972.

Attorney(s) appearing for the Case

Philip H. Lowenthal, Deputy Public Defender, Wailuku, Maui, for defendant-appellant.

Ernest K.C. Ching, Deputy County Atty., County of Maui, Wailuku, Maui, for plaintiff-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

RICHARDSON, Chief Justice.

Defendant-appellant Miller was tried in the circuit court of the second circuit and found guilty as charged for violating HRS § 727-1, the "common nuisance" statute. The complaint read: "That John Roy Miller, at Puu Olai, Makena, District of Makawao, County of Maui, State of Hawaii, on the 17th day of August, 1969, did openly appear in the nude, which was offensive or plainly hurtful to the public, thereby committing the offense of...

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