Hawaii Revised Statutes
806. Criminal Procedure: Circuit Courts
806-31 Indirect allegations.

§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

Hawaii Revised Statutes

Title 38. Procedural and Supplementary Provisions

806. Criminal Procedure: Circuit Courts

806-1 Definitions.

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.

806-10 Form.

806-11 Disposal of firearms.

806-16 Venue; how stated.

806-17 Circuits constitute district for criminal trial by jury.

806-18 Change of venue.

806-21 Joinder of defendants; accessories, receivers.

806-22 Joinder of charges against defendant.

806-23 Misjoinder.

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.

806-31 Indirect allegations.

806-32 Repugnancy.

806-33 Surplusage.

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.

806-39 Same.

806-40 Document of title.

806-41 Ownership, not necessary to allege when.

806-42 Second offense.

806-46 Objections to indictment.

806-47 Bill of particulars.

806-48 Postponement.

806-49 Arraignment; plea of not guilty.

806-50 Standing mute.

806-51 Plea of autrefois convict or acquit.

806-56 Nolle prosequi.

806-60 Jury of twelve required.

806-61 Waiver of jury.

806-62 Trial; order of proof and argument.

806-63 Defense.

806-64 REPEALED.

806-65 Depositions, right to inspect.

806-66 REPEALED.

806-71 Sentence.

806-72 Probation officers.

806-73 Duties and powers of probation officers; adult probation records

806-76 Court proceedings; reports to county clerk.

806-81 Definitions.

806-82 Prosecution of felonies by written information.

806-83 Felonies for which criminal charges may be instituted by written information.

806-84 Exhibits.

806-85 Probable cause.

806-86 Procedure for motion to dismiss.

806-87 Evidence at hearing on motion to dismiss.

806-88 Ruling on motion to dismiss.