ยง806-28 - Characterization of the act.
ยง806-28ย Characterization of the act.ย
The indictment need not allege that the offense was committed or the act done
"feloniously", "unlawfully", "wilfully",
"knowingly", "maliciously", "with force and
arms", or otherwise except where such characterization is used in the
statutory definition of the offense.ย Where the characterization is so used the
indictment may employ the words of the statute or other words substantially of
the same import.ย In alleging the transaction the indictment may use the nounal,
adjectival, verbal, or adverbial form of the statutory name of the offense. [L
1915, c 215, pt of ยง2; RL 1925, ยง4040; RL 1935, ยง5499; RL 1945, ยง10801; RL
1955, ยง258-11; HRS ยง711-28; ren L 1972, c 9, pt of ยง1]
Case Notes
ย See 35 H. 324; 37 H. 586.