§806-27  Indictment; defects and omissions. 
No indictment shall be held invalid or insufficient for want of the averment of
any matter unnecessary to be proved; for any defect or omission of any matter
of form only; for any miswriting, misspelling, or improper English, or the use
of abbreviations, signs, symbols, or foreign words locally in common use and
commonly understood; for the omission of the words "as appears upon the
record", or "as appears by the record" or of the words "against
the peace" or of the words "against the form of the statute" or
of the words "against the form of the statutes"; or, provided
jurisdiction of the court is shown with certainty sufficient to satisfy a
person of ordinary intelligence, for stating time or place imperfectly or
incorrectly.



No indictment shall be held invalid or
insufficient for want of an averment that the grand jurors were impaneled,
sworn, or charged; for want of a proper or formal conclusion; for want of or
imperfection in the addition of any defendant; or because any person mentioned
in the indictment is designated by a name of office or other descriptive
appellation instead of the person's proper name; or because the initial of any
person's given name is stated instead of the person's given name; or for want
of a statement of value or price or the amount of damage or injury in any case
where the value or price or the amount of damage or injury is not of the
essence of the offense.



No indictment shall be deemed insufficient, nor
shall the trial, judgment, or other proceedings thereon be affected, by reason
of any defect or imperfection in matter or form, which shall not prejudice or
tend to prejudice the defendant. [L 1876, c 40, §15; am L 1903, c 39, §7; am L
1915, c 215, §1; RL 1925, §4039; add L 1927, c 262, §1; RL 1935, §5498; RL
1945, §10800; RL 1955, §258-10; HRS §711-27; ren L 1972, c 9, pt of §1; gen ch
1985]



 



Rules of Court



 



  See HRPP rule 7(d).



 



Case Notes



 



  Indictment for murder in first degree, describing the
offense, is not fatally defective because in its conclusion it does not name
deceased.  11 H. 293.



  Ordinarily, unless excused by statute time of commission of
offense must be specifically alleged.  18 H. 246.  Exact date of embezzlement
need not be stated in indictment.  11 H. 213.  Time need not be proved as laid
where it is not of the essence of crime charged.  21 H. 214; 34 H. 209; 35 H.
571.



  Sufficiency.  33 H. 180; 35 H. 324; 33 H. 560, questioned and
criticized on other grounds.  36 H. 361.



  Variance.  See 34 F.2d 86.



  Indictment held demurrable for lack of particularity.  10 H.
114.



  Indictment for burglary which stated ownership was in A
instead of A and partner held not invalid.  45 H. 622, 372 P.2d 365.



  Cited:  19 H. 88; 22 H. 773, 777; 37 H. 552, 553.