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STATE v. KAM

Nos. 11861, 11949.

748 P.2d 372 (1988)

STATE of Hawaii, Plaintiff-Appellee, v. Brian KAM, Defendant-Appellant. STATE of Hawaii, Plaintiff-Appellee, v. Deborah COHEN, Defendant-Appellant.

Supreme Court of Hawaii.

January 8, 1988.

Attorney(s) appearing for the Case

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

Edward C. Kemper and Daniel R. Foley, for American Civ. Liberties Union of Hawaii, Honolulu, on amicus curiae brief.

Lila B. LeDuc, Deputy Pros. Atty., Honolulu, for plaintiff-appellee.

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

HAYASHI, Justice.

Defendants-Appellants Brian Kam and Deborah Cohen (collectively "Appellants") appeal their convictions for promoting pornographic adult magazines under Hawaii Revised Statutes (hereinafter "HRS") § 712-1214(1)(a) (1985).1 At trial, Appellants had presented experts plus public opinion surveys to prove that the magazines were not obscene, but Plaintiff-Appellee State of Hawaii (hereinafter "State") had introduced only...

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