State v. Willburn

OPINION OF THE COURT BY

LEWIS, J.

Defendant was charged in the District Court of Honolulu with a violation of specified sections of “the Rules and Regulations Governing Waikiki Beach, Department of Transportation, State of Hawaii, promulgated *652pursuant to Section 112-5, Revised Laws of Hawaii, 1955, as amended.” On defendant’s motion, the magistrate dismissed the charge on the ground that: “* * * Act 115 [S.L. 1965 which amended section 112-5, R.L.H. 1955] is vague and indefinite, based on no standard or policy from which the administrative body could promulgate any rules or regulations.” The…