14 Haw. 304 | Haw. | 1902
OPINION OP THE COURT BY
The defendant was found guilty by the District Magistrate of the offense of common nuisance in the first degree by making an indecent exposure of his person in a public place, to wit, the Beach Hoad in Honolulu. The only point of law appealed on is that the judgment is contrary to the law and to the evidence and to the weight of the evidence. The evidence adduced is sufficient to support a finding that at the time charged the defendant made what was undoubtedly an indecent exposure of his person to a girl twelve years old and that this was accompanied with solicitations to permit intercourse with her; that the parties were then behind a pile of lumber near a public highway, but in view, nevertheless, of any one who might pass along the road; that the girl had gone there somewhat reluctantly in consequence of defendant’s importunities; and that one person only, other than the defendant and the girl, to wit, the father of the girl, approached the place referred h> while they were there. Whether or not the girl’s father was in a position
Our statute (section 324, Penal Laws) reads as follows:
“The offense of common nuisance is the endangering of the public personal safety or health, or doing, causing, or promoting, maintaining or continuing what is offensive to the public, or is annoying and vexatious, or plainly hurtful m the public, or is a public outrage against common decency or common morality, or tends plainly and directly to the corruption of the morals, honesty and good habits of the people, the same being without authority or justification by law.
“As, for example, * * * open lewdness or lascivious behavior, or indecent exposure.”
The legislature has itself cited indecent exposure as an example of what it sought to define as common nuisances in the first paragraph of section 324. In our opinion when the inde
The appeal is dismissed.