§806-30  Alternative allegations.  In an
indictment for an offense which is constituted of one or more of several acts
or which may be committed by one or more of several means or with one or more
of several intents, or which may produce one or more of several results, two or
more of those acts, means, intents, or results may be charged in the
alternative. [L 1915, c 215, pt of §2; RL 1925, §4043; RL 1935, §5502; RL 1945,
§10804; RL 1955, §258-14; HRS §711-30; ren L 1972, c 9, pt of §1]



 



Rules of Court



 



  See HRPP rule 7(d).



 



Case Notes



 



  In robbery, the terms "from the person" and
"from the custody and in the presence" are synonymous and may be
alleged in alternative in an indictment.  26 H. 725.



  Indictment alleging four alternative non-synonymous subjects
for inquiry is defective for uncertainty.  37 H. 552.



  Indictment alleging several acts in the alternative not
duplicitous.  39 H. 574.



  Cited:  27 H. 65, 102; 36 H. 550, 552, aff'd 150 F.2d 545.