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STATE v. SCHUTTER

No. 5863.

588 P.2d 428 (1978)

STATE of Hawaii, Plaintiff-Appellee, v. David C. SCHUTTER, Defendant-Appellant.

Supreme Court of Hawaii.

As Amended on Denial of Rehearing January 5, 1979.

Attorney(s) appearing for the Case

John S. Edmunds, Honolulu, for defendant-appellant.

Charlotte E. Libman, Deputy Atty. Gen., Honolulu, for plaintiff-appellee.

Before KOBAYASHI, Acting C.J., OGATA, MENOR and KIDWELL, JJ., and FUKUSHIMA, Circuit Judge, in place of RICHARDSON, C.J., recused.

PER CURIAM.

The defendant attorney was found guilty of criminal contempt under HRS § 710-1077 by the district judge and fined $100.00. He appeals from the oral order and judgment of the district court. We reverse.

HRS § 710-1077(5) expressly provides that "[w]henever any person is convicted of criminal contempt of court [and] sentenced therefor, the particular circumstances of the offense shall be fully...

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