§806-47  Bill of particulars.  If the
court is of the opinion that the accused in any criminal case has been actually
misled and prejudiced in the accused's defense upon the merits of any defect,
imperfection, or omission in the indictment, insufficient to warrant the
quashing of the indictment, or by any variance, not fatal, between the
allegations and the proof, the prosecuting officer shall, when so ordered by
the court, acting upon its own motion or upon motion of the prosecution or
defendant, file in court and serve upon the defendant, upon such terms as the
court imposes, a bill of particulars of the matters in regard to which the
court finds that the defendant should be informed.



In determining whether further information, and
if so what information, is desirable for the defense of the accused upon the
merits of the case, the court shall consider the whole record of the case and
the entire course of the proceedings against the accused. [L 1915, c 167, §1;
RL 1925, §4023; RL 1935, §5353; RL 1945, §10820; RL 1955, §258-30; HRS §711-47;
ren L 1972, c 9, pt of §1; gen ch 1985]



 



Rules of Court



 



  See HRPP rule 7(g).



 



Case Notes



 



  Cannot cure a defective charge.  41 H. 591.