Hawaii Revised Statutes
806. Criminal Procedure: Circuit Courts
806-33 Surplusage.

§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

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806-64 REPEALED.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806-66 REPEALED.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.