§806-7  Preparation of indictment,
complaint, or information; true bill by grand jury.  Informations,
complaints, and indictments shall be duly prepared by a legal prosecuting
officer.  Every indictment shall be duly found by a grand jury before the arraignment
of the accused, and when so found shall be indorsed a true bill, and the
indorsement shall be signed by the foreperson. [L 1876, c 40, §2; am L 1903, c
39, §2; RL 1925, §4018; RL 1935, §5491; RL 1945, §10792; RL 1955, §258-3; HRS
§711-7; ren L 1972, c 9, pt of §1; am L 1991, c 147, §2; gen ch 1993]



 



Rules of Court



 



  See HRPP rules 6(f), 7.



 



Case Notes



 



  Signed by foreperson.  16 H. 743.



  Not sufficient ground to quash indictment that defendant was
subpoenaed before grand jury, when it appears defendant was informed of
defendant's right to refuse to answer questions the answers to which might
incriminate defendant.  24 H. 621.



  Examination of wife of accused by grand jury, effect.  45 H.
221, 365 P.2d 202.



  Indictment may be based on hearsay under certain
circumstances.  53 H. 513, 497 P.2d 559.



  There is presumption that indictment was based on sufficient
evidence, and burden is on one who asserts that it was not.  53 H. 513, 497
P.2d 559.



  Effect of incompetent evidence on validity of indictment
where there are other legal and competent evidence.  58 H. 474, 572 P.2d 497.