§806-31  Indirect allegations.  No
indictment or bill of particulars is invalid or insufficient for the reason
merely that it alleges indirectly and by inference instead of directly any
matters, facts, or circumstances connected with or constituting the offense,
provided that the nature and cause of the accusation can be understood by a
person of common understanding. [L 1915, c 215, pt of §2; RL 1925, §4044; RL
1935, §5503; RL 1945, §10805; RL 1955, §258-15; HRS §711-31; ren L 1972, c 9,
pt of §1]



 



Case Notes



 



  Allegation that accused gave bribe to officer with intent to
influence officer in discharge of duty, alleges by inference that accused had
knowledge of official character of officer and is sufficient.  23 H. 616, 618;
25 H. 747.



  Leading, conducting, driving a person to place where
prostitution is being carried on.  37 H. 586.



  Nature and cause of accusation could not be understood by
person of common understanding from a reading of the complaint itself, where
generic term "felony" did not, indirectly or by inference, inform
defendant that underlying felony was terroristic threatening in first degree. 
78 H. 66, 890 P.2d 303.



  Cited:  23 H. 476, 484, explained 49 H. 160, 185, 413 P.2d
221; 23 H. 546, 549.



  Referred to:  43 H. 54, 58.