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STATE v. LUHNOW

No. 6565.

597 P.2d 15 (1979)

STATE of Hawaii, Plaintiff-Appellee, v. William LUHNOW, Defendant-Appellant.

Supreme Court of Hawaii.

May 18, 1979.

Attorney(s) appearing for the Case

Alvin T. Sasaki, Deputy Public Defender, Honolulu, for defendant-appellant.

Eleanor M. Mirikitani, Deputy Pros. Atty., Hilo, for plaintiff-appellee.

Before RICHARDSON, C.J., MENOR and OGATA, JJ., MARUMOTO, Retired Justice, and HUDDY, Circuit Judge, Assigned by reason of vacancies.

PER CURIAM.

This is an appeal from a conviction for open lewdness under HRS § 712-1217 which provides:

"A person commits the offense of open lewdness if in a public place he does any lewd act which is likely to be observed by others who would be affronted or alarmed."

The appellant, along with a male companion, was arrested while sitting naked on a public beach in South Kohala, Island of Hawaii. Immediately before this, he was observed by the...

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