§806-33 Surplusage. Any unnecessary allegation contained in an indictment may be rejected as surplusage. [L 1915, c 215, pt of §2; RL 1925, §4046; RL 1935, §5505; RL 1945, §10807; RL 1955, §258-17; HRS §711-33; ren L 1972, c 9, pt of §1]
Rules of Court
Surplusage, see HRPP rule 7(e).
Case Notes
Giving a wrong name to the offense charged does not vitiate the charge, it being regarded as surplusage. 11 H. 143 (1897).
Cited: 36 H. 550, 552 (1943), aff'd 150 F.2d 545 (1945).
See 33 H. 686 (1936).
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.