§806-31 Indirect allegations. No indictment or bill of particulars is invalid or insufficient for the reason merely that it alleges indirectly and by inference instead of directly any matters, facts, or circumstances connected with or constituting the offense, provided that the nature and cause of the accusation can be understood by a person of common understanding. [L 1915, c 215, pt of §2; RL 1925, §4044; RL 1935, §5503; RL 1945, §10805; RL 1955, §258-15; HRS §711-31; ren L 1972, c 9, pt of §1]
Case Notes
Allegation that accused gave bribe to officer with intent to influence officer in discharge of duty, alleges by inference that accused had knowledge of official character of officer and is sufficient. 23 H. 616, 618 (1917); 25 H. 747 (1921).
Leading, conducting, driving a person to place where prostitution is being carried on. 37 H. 586 (1947).
Nature and cause of accusation could not be understood by person of common understanding from a reading of the complaint itself, where generic term "felony" did not, indirectly or by inference, inform defendant that underlying felony was terroristic threatening in first degree. 78 H. 66, 890 P.2d 303 (1995).
Cited: 23 H. 476 (1916), 484, explained 49 H. 160, 185, 413 P.2d 221 (1966); 23 H. 546 (1916), 549.
Referred to: 43 H. 54 (1958), 58.
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.