§801-2  Witnesses; defense.  In the
trial of any person on the charge of any offense, he shall have a right to meet
the witnesses, who are produced against him, face to face; to produce witnesses
and proofs in his own favor; and by himself or his counsel, to examine the
witnesses produced by himself, and cross- examine those produced against him;
and to be heard in his defense. [PC 1869, c 2, §3; RL 1925, §3932; RL 1935,
§5355; RL 1945, §10686; RL 1955, §253-6; HRS §705-6; ren L 1972, c 9, pt of §1]



 



Cross References



 



  See Const. Art. I, §14.



 



Rules of Court



 



  Presence of defendant, see HRPP rule 43.



  Depositions, discovery and inspection, subpoenas, see HRPP
rules 15, 16, 17.  Applicability of rules, see HRPP rules 1, 54.



 



Case Notes



 



  Confrontation may be waived.  33 F.2d 396; 23 H. 421, 423; 37
H. 477.



  Constitutional privilege of being confronted by one's
accusers includes knowing what they are saying.  7 H. 319.



  Cross-examination, within discretion of trial court.  39 H.
635; 34 F.2d 86.



  When a party fails to avail himself of the opportunity to
cross-examine, he forfeits such right.  44 H. 82, 352 P.2d 611.



  No reversal for error in restricting cross-examination unless
the error was prejudicial.  47 H. 185, 389 P.2d 146.



  Defendant's constitutional and statutory right to testify in
defendant's own defense was violated where judge reproached defendant to follow
defendant's attorney's advice and thus refrain from testifying.  78 H. 115
(App.), 890 P.2d 702.



  See 7 H. 322; 12 H. 189.