§806-49 Arraignment; plea of not guilty. If any person being arraigned upon any indictment for any offense pleads thereto a plea of "not guilty", the person shall by that plea without any further form, be deemed to have put oneself upon the country for trial, and the court shall in the usual manner order a jury for the trial of the person accordingly. [L 1876, c 40, §36; RL 1925, §4070; RL 1935, §5519; RL 1945, §10822; RL 1955, §258-32; HRS §711-49; ren L 1972, c 9, pt of §1; gen ch 1985]
Rules of Court
Arraignment in circuit court, see HRPP rule 10.
Pleas, see HRPP rule 11.
Case Notes
Plea cures defect in indictment for purpose of trying issue. 5 H. 621 (1886).
Plea of guilty entered before court having jurisdiction of the offense cannot be retracted in appellate court. 8 H. 273 (1891).
Application to withdraw plea of "guilty" and enter "not guilty" is within sound discretion of court. 20 H. 103 (1910); 23 H. 636, 638 (1917).
Plea raises issue of sanity. 37 H. 463 (1947).
Defendant who alleges that defendant pleaded guilty because of a prior coerced confession is not, without more, entitled to hearing on petition for habeas corpus. 53 H. 274, 492 P.2d 953 (1972).
It is within discretion of trial court to permit withdrawal of a guilty plea. 57 H. 46, 549 P.2d 727 (1976).
Defendant does not have an absolute right to withdraw defendant's guilty plea. 58 H. 574, 574 P.2d 521 (1978).
Requirements of acceptance of guilty plea. 59 H. 592, 585 P.2d 1259 (1978).
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.