No. 7731.

632 P.2d 654 (1981)

STATE of Hawaii, Plaintiff-Appellee, v. Tim WOICEK, Defendant-Appellant.

Supreme Court of Hawaii.

August 24, 1981.

Attorney(s) appearing for the Case

Elaine Hazzard, Deputy Public Defender, Honolulu (Leslie Fukumoto, Deputy Public Defender, Honolulu, on the briefs), for defendant-appellant.

Faye M. Koyanagi, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

Before OGATA, Acting C.J., MENOR, LUM and NAKAMURA, JJ., and MARUMOTO, Retired Justice, in place of RICHARDSON, C.J., recused.

OGATA, Justice.

This is an appeal by defendant-appellant (hereinafter appellant), Tim Woicek, from his conviction in the District Court of the First Circuit for harassment. We reverse.

On October 16, 1979, appellant was seen riding his bicycle on the sidewalk among pedestrians on Kalakaua Avenue, just ewa of Lewers Avenue in Waikiki by Police Officer Joslin.1 Officer Joslin told appellant...

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