...FACTS: Richard Barry Rocker and Joseph Cava [defendants-appellants], having waived a jury trial, were tried in the circuit court of the second circuit for creating a common nuisance at Puu Olai beach, County of Maui,contrary to Section 727-1 of the Hawaii Revised Statutes. On February 26, 1969, officers of the Maui Police Department received a phone call from an anonymous person and, thereafter proceeded to the Puu Olai beach to look for nude sunbathers. The police surveyed the beach from a ridge and saw the defendants lying on the beach completely nude, one on his stomach and the other on his back. The officers then arrested the defendants for indecent exposure. It was admitted by the police officers that defendants were not at any time engaged in any activity other than sunbathing. At the time of the arrest, there were several other people on the beach....
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