State v. Shigematsu

CONCURRING OPINION OP

CIRCUIT JUDGE M. DOI

I concur on the basis that the statute in question, HRS § 746-6, violates the due process clause of both state and federal constitutions in that it is too broad and vague.

The statute is obviously intended to suppress gambling by making mere presence in a described set of circumstances a crime on the reasoning that the circumstances described lead to an inescapable or at least highly probable conclusion that anyone found in them must have been engaging in or abetting gambling.

Under the statute, a person is guilty if he is found present “in such room,…