§805-7  Commitment; form of mittimus. 
In all cases of arrest for offenses that must be tried in the first instance
before a jury, or that can be tried only on indictment by a grand jury, the
judge in whose jurisdiction or on whose warrant the accused was arrested, upon
the appearance of the accused, shall proceed to consider whether there is
probable cause to believe that the accused is guilty of the offense with which
the accused is charged.  The judge shall reduce to writing the substance of the
evidence adduced, with the names of the witnesses.  If in the judge's opinion
the testimony does not warrant commitment for trial, the judge shall release
the prisoner, noting that fact upon the judge's docket.  But if in the judge's
opinion there is probable cause to believe that the accused is guilty of the
offense with which the accused is charged, the judge shall make out and deliver
to a police officer a mittimus which may be in the form established by the
usage and practice of the issuing court. [L 1892, c 57, §22; am L 1903, c 32,
§5; am L 1921, c 159, §2; RL 1925, §4011; RL 1935, §5474; RL 1945, §10774; RL
1955, §257-7; am L 1959, c 107, §1; HRS §710-7; am L 1970, c 188, §37; ren L
1972, c 9, pt of §1; gen ch 1993; am L 1998, c 36, §4]



 



Cross References



 



  See Const. Art. I, §10.



 



Rules of Court



 



  See HRPP rule 5.



 



Case Notes



 



  Mittimus is a process and not part of record.  6 H. 343. 
Legal requirements of a mittimus.  7 H. 95; 7 H. 162.  Commitments should not
designate date of term.  11 H. 293, 298, explained 46 H. 197, 210, 377 P.2d
609.



  Sufficient if testimony be reduced to writing under
supervision and direction of magistrate.  12 H. 189, 195.



  Proceeding in district court where party is charged with
offense cognizable before a jury is not strictly a "trial". There is
no appeal from decision in a preliminary hearing.  9 H. 178.  Decision of
magistrate to commit accused for trial not subject to review.  10 H. 83; 45 H.
109, 363 P.2d 790.



  Denial of preliminary hearing does not affect power of grand
jury to find indictment.  45 H. 604, 372 P.2d 356.



  Right to preliminary hearing may be cut off by return of
indictment; procedure not unconstitutional under the equal protection clause. 
53 H. 395, 495 P.2d 26.



  Defendant has no right to have preliminary examination
preserved inviolate and not to have it rendered nugatory by return of
indictment.  53 H. 364, 493 P.2d 1342.



  Admissibility of transcripts of witness' testimony at
preliminary hearing.  54 H. 637, 513 P.2d 697.



  Exclusion of unconstitutionally obtained evidence.  55 H.
314, 519 P.2d 228.



  Preliminary hearing, justification for closure.  59 H. 224,
580 P.2d 49.



  Cited:  17 H. 428.