§806-31

Indirect allegations

Procedure & records · Chapter 806 — Criminal Procedure: Circuit Courts

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]

Source / Amendment history

[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]

Cross references, commentary & case notes

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.

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