§806-29 Exceptions need not be negatived. No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception, excuse, or proviso contained in the statute creating or defining the offense. The fact that the charge is made shall be considered as an allegation that no legal excuse for the doing of the act existed in a particular case. [L 1915, c 215, pt of §2; RL 1925, §4042; RL 1935, §5501; RL 1945, §10803; RL 1955, §258-13; HRS §711-29; ren L 1972, c 9, pt of §1]
Case Notes
See 33 H. 180 (1934); 33 H. 686 (1936); 36 H. 32 (1942).
Structure Hawaii Revised Statutes
Title 38. Procedural and Supplementary Provisions
806. Criminal Procedure: Circuit Courts
806-2 Inapplicable to district courts.
806-6 Use of; furnishing of copy.
806-7 Preparation of indictment, complaint, or information; true bill by grand jury.
806-8 Prosecution where indictment not essential.
806-9 Information, laws applicable.
806-17 Circuits constitute district for criminal trial by jury.
806-21 Joinder of defendants; accessories, receivers.
806-22 Joinder of charges against defendant.
806-26 Meaning of words and phrases.
806-27 Indictment; defects and omissions.
806-28 Characterization of the act.
806-29 Exceptions need not be negatived.
806-30 Alternative allegations.
806-34 Sufficiency of averments as to offense and transaction.
806-35 Property owned by more than one.
806-36 Property owned by corporation.
806-37 Money, etc., how described.
806-38 Instrument, how described.
806-41 Ownership, not necessary to allege when.
806-46 Objections to indictment.
806-49 Arraignment; plea of not guilty.
806-51 Plea of autrefois convict or acquit.
806-60 Jury of twelve required.
806-62 Trial; order of proof and argument.
806-65 Depositions, right to inspect.
806-73 Duties and powers of probation officers; adult probation records
806-76 Court proceedings; reports to county clerk.
806-82 Prosecution of felonies by written information.
806-83 Felonies for which criminal charges may be instituted by written information.
806-86 Procedure for motion to dismiss.