§635-30  Peremptory challenges, criminal
cases.  In criminal cases, if the offense charged is punishable by life
imprisonment, each side is entitled to twelve peremptory challenges.  If there
are two or more defendants jointly put on trial for such an offense, each of
the defendants shall be allowed six challenges.  In all other criminal trials
by jury each side is entitled to three peremptory challenges.  If there are two
or more defendants jointly put on trial for such an offense, each of the
defendants shall be allowed two challenges.  In all cases the State shall be
allowed as many challenges as are allowed to all defendants. [L 1903, c 38,
§21; am L 1915, c 73, §1; RL 1925, §2419; am L 1932 1st, c 11, §2; RL 1935,
§3737; RL 1945, §10113; RL 1955, §231-13; am imp L 1957, c 282; HRS §635-30; am
L 1972, c 89, §2B(k)]



 



Rules of Court



 



  See HRPP rule 24(b).



  Sequence for challenging jurors, see RCC rule 17(f).



 



Law Journals and Reviews



 



  State v. Levinson:  Limitations on a Criminal Defendant's Use
of Peremptory Challenges.  13 UH L. Rev. 279.



 



Case Notes



 



  Where four joint defendants joined in each of 10 challenges,
held that they had exercised their full right of challenge, although each would
have been allowed ten challenges if taken separately.  3 H. 90.



  Defendant allowed twelve peremptory challenges only when the
charged offense itself carries penalty of life imprisonment.  65 H. 354, 652
P.2d 1119.