§641-16  Judgment; no reversal when. 
The supreme court, or the intermediate appellate court, as the case may be, may
affirm, reverse, or modify the order, judgment, or sentence of the trial court
in a criminal matter.  It may enter such order, judgment, or sentence, or may
remand the case to the trial court for the entry of the same or for such other
or further proceedings, as in its opinion the facts and law warrant.  It may
correct any error appearing on the record.



In case of a conviction and sentence in a
criminal case, if in its opinion the sentence is illegal or excessive it may
correct the sentence to correspond with the verdict or finding or reduce the
same, as the case may be.  In case of a sentence to imprisonment for life not
subject to parole, the court shall review the evidence to determine if the
interests of justice require a new trial, whether the insufficiency of the
evidence is alleged as error or not.  Any order, judgment, or sentence entered
by the court may be enforced by it or remitted for enforcement by the trial
court.



No order, judgment, or sentence shall be
reversed or modified unless the court is of the opinion that error was
committed which injuriously affected the substantial rights of the appellant. 
Nor shall there be a reversal in any criminal case for any defect of form
merely in any indictment or information or for any matter held for the benefit
of the appellant or for any finding depending on the credibility of witnesses
or the weight of the evidence.  Except as otherwise provided by the rules of
court, there shall be no reversal for any alleged error in the admission or
rejection of evidence or the giving of or refusing to give an instruction to
the jury unless such alleged error was made the subject of an objection noted
at the time it was committed or brought to the attention of the court in
another appropriate manner. [L 1892, c 95, §14; RL 1925, §2536; am L 1931, c
42, §2; RL 1935, §3563; RL 1945, §9564; RL 1955, §212-14; am L 1957, c 282, §2;
HRS §641-24; am L 1972, c 89, pt of §5; ren HRS §641-16; am L 1979, c 111,
§6(5)]



 



General Note



 



In general.



  See appended chapter note, pts. I A, I C, I D.



 



Disposition of cause.



  See appended chapter note, pts. I A10, I C, I D10. 
Correction of sentence, see HRPP rule 35.



 



Scope of review.



  See appended chapter note, pts. I A9, I C, I D9.



 



Preservation of error as requisite.



  Exceptions unnecessary, HRPP rule 51.



  Questions on appeal must have been raised below.  43 H. 299,
301; 44 H. 370, 355 P.2d 25; 45 H. 83, 88, 363 P.2d 964, 967; 46 H. 475, 485,
382 P.2d 920, 934; 49 H. 1, 406 P.2d 887; 49 H. 42, 45, 410 P.2d 976; 50 H.
253, 438 P.2d 401.  But see as to fundamental error.  49 H. 504, 421 P.2d 305;
49 H. 522, 528, 423 P.2d 438; 50 H. 287, 439 P.2d 666.  For earlier cases see
notes to RLH 1955, §§208-3, 210-1, 212-1, 212-4, 212-8, 212-14.  Though
generally judgment will be reversed only on theory presented to trial court,
there may be deviations when justice requires.  53 H. 45, 487 P.2d 1070.  Court
has power to notice plain errors not raised at trial if they affect substantial
rights.  Specific grounds for objection are required.  56 H. 343, 537 P.2d
724.  Objection to admission of evidence is necessary; objection on specific
ground is a waiver of all other objections.  57 H. 96, 550 P.2d 900.



 



Prejudicial error as requisite.



  See HRPP rule 52.  Harmless error in indictment, see HRPP
rule 7(d).  No reversal unless error prejudicial, 43 H. 119; 44 H. 10, 352 P.2d
320; 45 H. 295, 316 P.2d 499; 45 H. 457, 370 P.2d 468; 46 H. 127, 376 P.2d 125;
47 H. 185, 199, 389 P.2d 146; 49 H. 77, 102, 412 P.2d 669; 49 H. 116, 412 P.2d
662.  Erroneous instruction presumptively harmful.  49 H. 327, 330, 417 P.2d
638.  Error that is harmless beyond a reasonable doubt does not mandate reversal
of conviction.  57 H. 26, 548 P.2d 1402.



  For earlier cases see notes to RLH 1955, §§210-1, 212-14.



 



Scope of review of factual issues.



  See notes to §635-56.  Cited:  47 H. 472, 478, 391 P.2d 403,
note 1.



  Test on criminal appeals is whether verdict is supported by
substantial evidence.  55 H. 1, 514 P.2d 373.



 



Record, correction of.



  See appended chapter note, pt. I A7e, I D7.



 



Rules of Court



 



  Correction of sentence, see HRPP rule 35.



 



Case Notes



 



  Where defendant in a pretrial suppression hearing noted the
defendant's objection to introduction of the defendant's inculpatory statement,
the defendant's failure to object at trial to reception of the statement did
not constitute waiver of the issue on appeal.  61 H. 499, 605 P.2d 935.



  Circuit court's unlawful use of "struck jury"
method to select jury was not plain error.  9 H. App. 578, 855 P.2d 34.



  Because trial court did not apply appropriate sentencing
standards to extended term motion and remand would allow circuit court to
reconsider other sentencing alternatives in fashioning an appropriate sentence,
modification of sentence was not warranted on appeal.  77 H. 340 (App.), 884
P.2d 403.



  Modification of sentence on appeal warranted where district
court, on resentencing, failed to take into account time defendant already
served in prison, amount of fines paid, and community service completed.  82 H.
83 (App.), 919 P.2d 995.