§806-30 Alternative allegations. In an indictment for an offense which is constituted of one or more of several acts or which may be committed by one or more of several means or with one or more of several intents, or which may produce one or more of several results, two or more of those acts, means, intents, or results may be charged in the alternative. [L 1915, c 215, pt of §2; RL 1925, §4043; RL 1935, §5502; RL 1945, §10804; RL 1955, §258-14; HRS §711-30; ren L 1972, c 9, pt of §1]
Case Notes
In robbery, the terms "from the person" and "from the custody and in the presence" are synonymous and may be alleged in alternative in an indictment. 26 H. 725 (1923).
Indictment alleging four alternative non-synonymous subjects for inquiry is defective for uncertainty. 37 H. 552 (1947).
Indictment alleging several acts in the alternative not duplicitous. 39 H. 574 (1952).
Cited: 27 H. 65 (1923), 102; 36 H. 550, 552 (1943), aff'd 150 F.2d 545 (1945).
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.