§806-34  Sufficiency of averments as to
offense and transaction.  In an indictment the offense may be charged
either by name or by reference to the statute defining or making it punishable;
and the transaction may be stated with so much detail of time, place, and
circumstances and such particulars as to the person (if any) against whom, and
the thing (if any) in respect to which the offense was committed, as are
necessary to identify the transaction, to bring it within the statutory
definition of the offense charged, to show that the court has jurisdiction, and
to give the accused reasonable notice of the facts.



Averments which so charge the offense and the
transaction shall be held to be sufficient. [L 1915, c 215, pt of §2; RL 1925,
§4048; RL 1935, §5507; RL 1945, §10809; RL 1955, §258-19; HRS §711-34; ren L
1972, c 9, pt of §1]



 



Rules of Court



 



  See HRPP rule 7(d).



 



Case Notes



 



  Indictment gives reasonable notice to defendant of nature of
offense and is not bad for absence of further particulars.  43 H. 54.



  Applied in holding an indictment for forgery under §708-852
to be sufficient.  55 H. 621, 525 P.2d 571.



  Counts in indictment must be dismissed where defendant could
not be principal and counts did not allege defendant was accomplice or cite accomplice
statute.  67 H. 398, 688 P.2d 1152.



  See 33 H. 180; 34 H. 209.



  Cited:  37 H. 625, 643.