INDICTMENT
AND INFORMATION, GENERALLY



 



§806-6  Use of; furnishing of copy.  In
all cases of offenses against the laws of the State brought in the first
instance in a court of record, the accused shall be arraigned and prosecuted
upon an information, complaint, or indictment as soon after the commitment of
the offense of which he is accused as may be expedient.



In felony cases charged by complaint or
indictment, the defendant shall be furnished with a copy of the charging
document before arraignment.  In felony cases charged by written information,
the defendant shall be furnished with a copy of the information and all
attached exhibits at the initial court appearance and the custody of the
materials shall be governed by rule 16 of the Hawaii rules of penal procedure.
[L 1876, c 40, §§1, 44; am L 1903, c 39, §1; RL 1925, §4017; RL 1935, §5490; RL
1945, §10791; am L 1955, c 53, §3; RL 1955, §258-2; HRS §711-6; ren L 1972, c
9, pt of §1; am L 1991, c 147, §1; am L 2004, c 62, §3]



 



Cross References



 



  See Const. Art. I, §§10, 14.



  Indictment or information use of, see §801-1.



  Objections to indictment, see §806-46.



 



Rules of Court



 



  See HRPP rules 7, 10.  Objections to indictment, see HRPP
rule 12.



 



Case Notes



 



  Indictments.  3 H. 393; 3 H. 472; 3 H. 474; 6 H. 310; 22 H.
116; 22 H. 614; 28 H. 546; 29 H. 441, 520.  It is no defense to indictment that
facts in proof show that defendant committed offense of higher degree than
charged.  22 H. 773, 779.  Issuance and service of warrant may be waived and
jurisdiction conferred by general appearance and plea to charge.  23 H. 250. 
Motion to quash is addressed to discretion of court and is usually based upon
matters of record.  Special plea in bar presents some matter extrinsic of
record which completely bars proceeding and to which court may exercise no
discretion and is bound to sustain plea if well taken.  25 H. 55, 57.



  An indictment should contain such specification of acts and
descriptive circumstances as will on its face fix and determine identity of
offense with such particularity as to enable accused to know exactly what
accused has to meet.  25 H. 381, 383.  Sufficiency of indictment.  25 H. 747,
760; 33 H. 560.  The fact that one crime is charged more than once in
synonymous expressions is not fatal to indictment.  12 H. 159; 25 H. 814. 
Indictment, although laid in language of statute, may fall short of specifying
acts and descriptive circumstances so as to apprise defendant what defendant
has to meet.  24 H. 565; 25 H. 429, 437; 25 H. 584.  Time.  31 H. 81; see 41
F.2d 740; also 56 F.2d 588; 242 U.S. 199, 201; 34 H. 209.  Election,
embezzlement.  32 H. 460.  Variance.  34 F.2d 86; 33 H. 113.  Lapse of time
after commission of crime and arraignment.  39 H. 522, 551; 39 H. 670, aff'd
208 F.2d 357.



  Every objection to defective indictment should be made before
defendant makes plea.  7 H. 392.



  As to proper form of naming the prosecution.  9 H. 181.



  Indictment not affected by denial or want of preliminary
examination.  45 H. 604, 372 P.2d 356.



  Appeal for trial de novo after arraignment in district court
on oral charge, procedure applicable.  49 H. 404, 420 P.2d 100.



  Where conduct of prosecutor in presenting case to grand jury
has tendency to prejudice, quashing of indictment is appropriate remedy.  53 H.
226, 491 P.2d 1089.



  Sufficiency of evidence to support indictment.  59 H. 549,
584 P.2d 117.



  See 41 F.2d 740; 34 H. 209; 43 H. 203, 204; 47 H. 361, 387,
389 P.2d 439.



  Cited:  40 H. 79, 81, aff'd 210 F.2d 552.