State v. Kaneakua

OPINION OF THE COURT BY

RICHARDSON, C.J.

This case is a consolidation of forty-seven prosecutions for violations of part of Hawaii’s cruelty to animals statute, Hawaii Penal Code § HO^lXd). The arrests leading to these prosecutions took place in Waianae, Oahu, during the latter part of 1974 and early 1975. A motion to dismiss was filed and, for purposes of the motion, it was stipulated that each of the defendants had knowingly participated in a cockfight at the time and place charged. The district court found that the statute was unconstitutional and granted the motion. The state appeals.

The…