§805-6 - Arraignment.
§805-6 Arraignment. Upon arraignment,
the written complaint upon which the warrant of arrest or summons has been
issued shall be construed, except upon motion of the accused or prosecuting
officer, to be the charge, and the reading thereof shall be deemed waived.
Unless a demurrer, motions, or other pleadings are interposed, the accused may
be required to plead the accused's innocence or guilt immediately, if the
accused appears to understand the charge against the accused. [L 1949, c 43,
§2; RL 1955, §257-6; HRS §710-6; ren L 1972, c 9, pt of §1; gen ch 1985]
Rules of Court
See HRPP rule 5.
Case Notes
Defendant has right to appeal to circuit court in mitigation
of sentence notwithstanding plea of guilty. 9 H. 428.
No issue raised in circuit court on appeal from district
court after plea of guilty. Plea of guilty in district court cannot be
stricken on appeal to circuit court. Appeal from district court after plea of
guilty is an appeal in mitigation. 10 H. 469.
Objections to sufficiency of charge should be made before
pleading. 11 H. 435.
Written charge validly served and entered on record
constitutes sufficient accusation. 41 H. 348.
Modified by Hawaii Rules of Criminal Procedure. 49 H. 404,
405, note 1, 420 P.2d 100.
Requirements of acceptance of guilty plea. 59 H. 592, 585
P.2d 1259.