State v. Whitney
Hawaii Intermediate Court of Appeals
1Opinion of the Court
ACOBA, Judge.
On June 14, 1993, Defendant-Appellant Don Lee Whitney (Defendant) was convicted in a bench trial of violating Hawaii Revised Statutes (HRS) § 712-1217 (1993), the “open lewdness” statute. HRS § 712-1217 states:
Open lewdness. (1) A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be affronted or alarmed.(2) Open lewdness is a petty misdemeanor.
At trial, police officer Kevin Kobayashi (Officer Kobayashi) was the only witness. The following facts are adduced from his testimony. On April…
2Cases cited8 opinions
- State v. TexeiraHawaii Supreme Court · 1967
- State v. RockerHawaii Supreme Court · 1970
- State v. Lian-Wen ChenHawaii Intermediate Court of Appeals · 1994
- Rivas v. State, Texas Court of Appeals, 5th District (Dallas)1990
- State v. J. O.Supreme Court of New Jersey · 1976
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3Cited by2 opinions
- State v. KalamaHawaii Supreme Court · 2000
- State v. KalamaHawaii Supreme Court · 2000