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STATE v. SHINGAKI

No. 8268.

648 P.2d 190 (1982)

STATE of Hawaii, Plaintiff-Appellant, v. Masaru SHINGAKI, also known as Masa, Defendant-Appellee, and Helga Marie Adams, also known as Helga Bradley Adams and Raymond James Proctor, Defendants.

Supreme Court of Hawaii.

July 15, 1982.

Attorney(s) appearing for the Case

Nathan Aipa, Deputy Pros. Atty., Honolulu (Arthur E. Ross, Deputy Pros. Atty., Honolulu, on brief), for plaintiff-appellant.

Winston Mirikitani, Honolulu (Reinhard Mohr, Honolulu, with him on the brief; Mirikitani, Alexander-Taylor & Mohr, Honolulu, of counsel), for defendant-appellee.

Before RICHARDSON, C.J., and LUM, NAKAMURA, PADGETT and HAYASHI, JJ.

PER CURIAM.

This is an appeal from an order below dismissing an indictment charging offenses under § 707-751, HRS. The court below held the statute to be overly broad in contravention of the First Amendment of the United States Constitution. The court below also, apparently, held the statute to be unconstitutional because it did not meet the tests laid down in Miller v. California, 413 U.S. 15, 93 S.Ct. 2607, 37 L.Ed.2d...

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