§806-7 Preparation of indictment, complaint, or information; true bill by grand jury. Informations, complaints, and indictments shall be duly prepared by a legal prosecuting officer. Every indictment shall be duly found by a grand jury before the arraignment of the accused, and when so found shall be indorsed a true bill, and the indorsement shall be signed by the foreperson. [L 1876, c 40, §2; am L 1903, c 39, §2; RL 1925, §4018; RL 1935, §5491; RL 1945, §10792; RL 1955, §258-3; HRS §711-7; ren L 1972, c 9, pt of §1; am L 1991, c 147, §2; gen ch 1993]
Rules of Court
Grand jury; finding and return of indictment, see HRPP rule 6(f).
Indictment, information, or complaints, see HRPP rule 7.
Case Notes
Signed by foreperson. 16 H. 743 (1905).
Not sufficient ground to quash indictment that defendant was subpoenaed before grand jury, when it appears defendant was informed of defendant's right to refuse to answer questions the answers to which might incriminate defendant. 24 H. 621 (1919).
Examination of wife of accused by grand jury, effect. 45 H. 221, 365 P.2d 202 (1961).
Indictment may be based on hearsay under certain circumstances. 53 H. 513, 497 P.2d 559 (1972).
There is presumption that indictment was based on sufficient evidence, and burden is on one who asserts that it was not. 53 H. 513, 497 P.2d 559 (1972).
Effect of incompetent evidence on validity of indictment where there are other legal and competent evidence. 58 H. 474, 572 P.2d 497 (1977).
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.