ARRAIGNMENT;
PLEADINGS AND MOTIONS



 



§806-46  Objections to indictment. 
Every objection to any indictment for any defect apparent on the face thereof,
shall be taken by demurrer or motion to quash the indictment before the accused
has pleaded and not afterwards; and every court before which any such objection
is taken for the defect may, if it is thought necessary, cause the indictment
to be forthwith amended in that particular by some officer of the court or
other person, and thereupon the trial shall proceed as if no defect had
appeared; and no motion in arrest of judgment shall be allowed for any defect
in any indictment which might have been taken advantage of by demurrer or
motion to quash as aforesaid. [L 1876, c 40, §33; RL 1925, §4068; RL 1935, §5517;
RL 1945, §10819; RL 1955, §258-29; HRS §711-46; ren L 1972, c 9, pt of §1]



 



Cross References



 



  See Const. Art. I, §§10, 14.



 



Rules of Court



 



  See HRPP rule 12.  Amendment of information, see HRPP rule
7(e).  Arrest of judgment, see HRPP rule 34.



 



Case Notes



 



  Objections to sufficiency of charge should be made before
pleading even in district court.  11 H. 435.



  Defects in indictment apparent on face are waived by plea
made.  22 H. 526, 530; 37 H. 586; 39 H. 568; 40 H. 208.



  Defect in indictment.  37 H. 552.



  Applies to complaints.  39 H. 568.



  The following cases prior to annexation:  Amendment of
indictment allowed.  8 H. 274; 9 H. 257, 262.