State v. Broad

Per Curiam,.

Defendant-appellant John S. Broad appeals from his conviction for open lewdness in violation of HRS § 712-1217 (1976). 1 Appellant admitted to committing a lewd act. The sole issue here is whether this offense was committed in a public place where it was likely to be observed by others. 2 We find that under the facts and circumstances of this case appellant’s lewd act was not committed in a public place and accordingly we reverse his judgment of conviction.

The only testimony at trial was that offered by the two arresting officers. The officers first observed appellant on Maunakea…