State v. Taylor

OPINION OF THE COURT BY

LEWIS, J.

On defendant-appellee’s motion tbe charge against bim, based on R.L.H. 1955, § 142-27, was dismissed by tbe district magistrate on tbe ground that tbe statute is unconstitutionally vague. Tbe State appealed on points of law.

We first consider tbe State’s contention that: “Tbe District Magistrate does not bave tbe power to decide tbe constitutionality and binding effect of section 142-27, Revised Laws of Hawaii, 1955.” This contention is based on R.L.H. 1955, § 213-7, wbicb provides:

“213-7. Constitutional questions. Tbe several courts of record shall bave power…