STATE v. KAM

Nos. 11016, 11041.

726 P.2d 263 (1986)

STATE of Hawaii, Plaintiff-Appellee, v. Brian Y.M. KAM, Defendant-Appellant, STATE of Hawaii, Plaintiff-Appellee, v. Debbie Ellen COHEN, Defendant-Appellant.

Supreme Court of Hawaii.

October 9, 1986.


Attorney(s) appearing for the Case

Jack F. Schweigert, (Myer C. Symonds, with him on the briefs), Honolulu, for defendants-appellants Kam and Cohen.

Peter B. Carlisle, Deputy Pros. Atty. (Arthur E. Ross, Deputy Pros. Atty., and Ronald Johnson, law clerk, on the brief), Honolulu, for plaintiff-appellee.

Edward C. Kemper and Daniel Foley, Honolulu, for ACLU of Hawaii, amicus curiae.

Before LUM, C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and TANAKA, Intermediate Court of Appeals Associate Judge, in place of NAKAMURA, J., Recused.


PADGETT, Justice.

Appellant Brian Kam was convicted of one count of promoting pornography and Appellant Debbie Cohen was convicted of four counts of promoting pornography (HRS § 712-1214(1)(a)). We consolidated the cases for argument since they involved common questions of law. Because of error in instructing the respective juries, we reverse.

Appellant Kam was charged with selling a pornographic videotape and Appellant Cohen was charged with selling...

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