reglab/housing_qa huggingface dataset:
HI Rev Stat § 806-31 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-31 Indirect allegations.

  §806-31 Indirect allegations. 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] 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.
HI Rev Stat § 806-32 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-32 Repugnancy.

  §806-32 Repugnancy. No indictment is invalid by reason of any repugnant allegation contained therein, provided that an offense is indicated under section 806-34. [L 1915, c 215, pt of §2; RL 1925, §4045; RL 1935, §5504; RL 1945, §10806; RL 1955, §258-16; HRS §711-32; ren L 1972, c 9, pt of §1]
HI Rev Stat § 806-33 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|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).
HI Rev Stat § 806-34 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-34 Sufficiency of averments as to offense and transaction.

  §806-34 Sufficiency of averments as to offense and transaction. In an indictment the offense may be charged either by name or by reference to the statute defining or making it punishable; and the transaction may be stated with so much detail of time, place, and circumstances and such particulars as to the person (if any) against whom, and the thing (if any) in respect to which the offense was committed, as are necessary to identify the transaction, to bring it within the statutory definition of the offense charged, to show that the court has jurisdiction, and to give the accused reasonable notice of the facts.  Averments which so charge the offense and the transaction shall be held to be sufficient. [L 1915, c 215, pt of §2; RL 1925, §4048; RL 1935, §5507; RL 1945, §10809; RL 1955, §258-19; HRS §711-34; ren L 1972, c 9, pt of §1] Rules of Court  Nature and contents of indictment, see HRPP rule 7(d). Case Notes  Indictment gives reasonable notice to defendant of nature of offense and is not bad for absence of further particulars. 43 H. 54 (1958).  Applied in holding an indictment for forgery under §708-852 to be sufficient. 55 H. 621, 525 P.2d 571 (1974).  Counts in indictment must be dismissed where defendant could not be principal and counts did not allege defendant was accomplice or cite accomplice statute. 67 H. 398, 688 P.2d 1152 (1984).  Cited: 37 H. 625, 643 (1947).  See 33 H. 180 (1934); 34 H. 209 (1937).
HI Rev Stat § 806-35 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-35 Property owned by more than one.

  §806-35 Property owned by more than one. In any indictment wherein it is requisite to state the ownership of any property whatsoever, whether real or personal, which belongs to or is in the possession of more than one person, whether the persons be partners in trade, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of the persons and to state the property to belong to the person so named, and another or others, as the case may be. Whenever in any indictment it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in the manner aforesaid. This provision shall be construed to extend to all joint stock companies and trustees. [L 1876, c 40, §16; RL 1925, §4050; RL 1935, §5509; RL 1945, §10811; RL 1955, §258-21; HRS §711-35; ren L 1972, c 9, pt of §1] Case Notes  Does not set out the only sufficient method of stating ownership by partnership. 45 H. 622, 372 P.2d 365 (1962).
HI Rev Stat § 806-36 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-36 Property owned by corporation.

  §806-36 Property owned by corporation. All property, real and personal, whereof any body corporate shall by law have the management, control, or custody, shall, for the purpose of any indictment or proceeding against any other person for any offense committed on or in respect thereof, be deemed to be the property of the body corporate. [L 1876, c 40, §17; RL 1925, §4051; RL 1935, §5510; RL 1945, §10812; RL 1955, §258-22; HRS §711-36; ren L 1972, c 9, pt of §1]
HI Rev Stat § 806-37 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-37 Money, etc., how described.

  §806-37 Money, etc., how described. In every indictment whatsoever in which it is necessary to make any averment as to any money or valuable security, and in every indictment for embezzlement, fraudulent application, or fraudulent disposition where the offense relates to any valuable security, it shall be sufficient to describe the money or valuable security simply as money, without specifying any particular coin or valuable security. And the allegation so far as regards the description of the property, shall in all cases be sustained by proof of any amount of coin, and in the cases of the offenses hereinbefore in this section specially named of any valuable security, although the particular species of coin of which the amount was composed or the particular nature of the valuable security is not proved, and in the cases of the offenses so specially named and also in the case of obtaining money or other property by false pretenses, by proof that the offender embezzled, fraudulently applied or disposed of any amount or obtained any piece of coin or any valuable security or any portion of the value thereof respectively, although the piece of coin or valuable security (as the case may be) may have been delivered to the offender in order that some part of the value thereof should be returned to the party delivering the same or to any other person, and the part has been returned accordingly. [L 1876, c 40, §21; RL 1925, §4054; RL 1935, §5511; RL 1945, §10813; RL 1955, §258-23; HRS §711-37; ren L 1972, c 9, pt of §1; gen ch 1985] Case Notes  Cited: 24 H. 349, 352 (1918).
HI Rev Stat § 806-38 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-38 Instrument, how described.

  §806-38 Instrument, how described. In any indictment for forging, altering, offering, uttering, disposing of, or for stealing, embezzling, extorting, converting, disposing of, destroying, or concealing, or for obtaining by false pretenses any instrument, it shall be sufficient to describe the instrument by any name or designation by which the same may be usually known or by the purport thereof, without setting out any copy or facsimile thereof or otherwise describing the same or the value thereof. [L 1876, c 40, §29; RL 1925, §4055; RL 1935, §5512; RL 1945, §10814; RL 1955, §258-24; HRS §711-38; ren L 1972, c 9, pt of §1]
HI Rev Stat § 806-39 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-39 Same.

  §806-39 Same. In all other cases whenever it is necessary to make any averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe the instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof. [L 1876, c 40, §30; RL 1925, §4056; RL 1935, §5513; RL 1945, §10815; RL 1955, §258-25; HRS §711-39; ren L 1972, c 9, pt of §1]
HI Rev Stat § 806-40 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-40 Document of title.

  §806-40 Document of title. In any indictment for stealing or for any fraudulent purpose, destroying, canceling, obliterating, or concealing the whole or any part of any document of title to lands, it shall be sufficient to allege the document to be or to contain evidence of the title or of part of the title of the person or of some one of the persons having an interest whether vested or contingent, legal or equitable, in the real estate to which the same relates, and to mention the real estate or some part thereof. [L 1876, c 40, §23; RL 1925, §4059; RL 1935, §5514; RL 1945, §10816; RL 1955, §258-26; HRS §711-40; ren L 1972, c 9, pt of §1]
HI Rev Stat § 806-41 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-41 Ownership, not necessary to allege when.

  §806-41 Ownership, not necessary to allege when. In any indictment for any of the following offenses it shall not be necessary to allege that the instrument, document, article, or thing in respect of which the offense is committed is the property of any person: the offense of stealing any testamentary instrument; the offense of stealing any original document of any court; the offense of stealing or of ripping, cutting, severing, or breaking with intent to steal anything made of metal fixed in any square or street, or in any place dedicated to public use or ornament. [L 1876, c 40, §24; RL 1925, §4060; RL 1935, §5515; RL 1945, §10817; RL 1955, §258-27; HRS §711-41; ren L 1972, c 9, pt of §1]
HI Rev Stat § 806-42 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-42 Second offense.

  §806-42 Second offense. In any indictment for any offense committed after a previous conviction or convictions for any felony or misdemeanor, it shall be sufficient after charging the subsequent offense to state that the offender was at a certain time and place, or at certain times and places, convicted of felony or misdemeanor, and to state the substance and effect only, omitting the formal part of the indictment and conviction for the previous offense, without otherwise describing the previous offense or offenses. [L 1876, c 40, §20; RL 1925, §4065; RL 1935, §5516; RL 1945, §10818; RL 1955, §258-28; HRS §711-42; ren L 1972, c 9, pt of §1]
HI Rev Stat § 806-46 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-46 Objections to indictment.

 §806-46 Objections to indictment. Every objection to any indictment for any defect apparent on the face thereof, shall be taken by demurrer or motion to quash the indictment before the accused has pleaded and not afterwards; and every court before which any such objection is taken for the defect may, if it is thought necessary, cause the indictment to be forthwith amended in that particular by some officer of the court or other person, and thereupon the trial shall proceed as if no defect had appeared; and no motion in arrest of judgment shall be allowed for any defect in any indictment which might have been taken advantage of by demurrer or motion to quash as aforesaid. [L 1876, c 40, §33; RL 1925, §4068; RL 1935, §5517; RL 1945, §10819; RL 1955, §258-29; HRS §711-46; ren L 1972, c 9, pt of §1] Cross References  See Const. art. I, § §10, 14. Rules of Court  Pleadings and motions before trial; defenses and objections, see HRPP rule 12.  Amendment of chaarge, see HRPP rule 7(f).  Arrest of judgment, see HRPP rule 34. Case Notes  Objections to sufficiency of charge should be made before pleading even in district court. 11 H. 435 (1898).  Defects in indictment apparent on face are waived by plea made. 22 H. 526, 530 (1915); 37 H. 586 (1947); 39 H. 568 (1952); 40 H. 208 (1953).  Defect in indictment. 37 H. 552 (1947).  Applies to complaints. 39 H. 568 (1952).  The following cases prior to annexation: Amendment of indictment allowed. 8 H. 274 (1891); 9 H. 257, 262 (1893).
HI Rev Stat § 806-47 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-47 Bill of particulars.

  §806-47 Bill of particulars. If the court is of the opinion that the accused in any criminal case has been actually misled and prejudiced in the accused's defense upon the merits of any defect, imperfection, or omission in the indictment, insufficient to warrant the quashing of the indictment, or by any variance, not fatal, between the allegations and the proof, the prosecuting officer shall, when so ordered by the court, acting upon its own motion or upon motion of the prosecution or defendant, file in court and serve upon the defendant, upon such terms as the court imposes, a bill of particulars of the matters in regard to which the court finds that the defendant should be informed.  In determining whether further information, and if so what information, is desirable for the defense of the accused upon the merits of the case, the court shall consider the whole record of the case and the entire course of the proceedings against the accused. [L 1915, c 167, §1; RL 1925, §4023; RL 1935, §5353; RL 1945, §10820; RL 1955, §258-30; HRS §711-47; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Bill of particulars, see HRPP rule 7(g). Case Notes  Cannot cure a defective charge. 41 H. 591 (1957).  Where, in accordance with this section, the family court considered the whole record of the case and the entire course of the proceedings against defendant and found that a bill of particulars was unnecessary because defendant was not actually misled or prejudiced as to the charges against defendant, and the court denied defendant's motion to dismiss or for bill of particulars on that basis, the court did not abuse its discretion. 121 H. 451, 220 P.3d 1032 (2009).
HI Rev Stat § 806-48 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-48 Postponement.

  §806-48 Postponement. No person prosecuted shall be entitled as of right to traverse or postpone the trial of any indictment preferred against the person, or to have time to plead or demur to the indictment allowed the person; provided always that if the court before which any person is indicted upon the application of the person or otherwise, is of opinion that the person ought to be allowed a further time to plead, or demur, or to prepare for the person's defense, or otherwise, the court may grant further time to plead, or demur, or may adjourn the receiving or taking of the plea, or demurrer, and the trial (or as the case may be) of the person to the next or any subsequent term of the court, and upon such terms as to bail or otherwise as to the court shall seem meet. [L 1876, c 40, §34; RL 1925, §4069; RL 1935, §5518; RL 1945, §10821; RL 1955, §258-31; HRS §711-48; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Time; enlargement, see HRPP rule 45(b).  Motion in lieu of demurrer, see HRPP rule 12(a). Case Notes  See 3 H. 90 (1869); 33 H. 113 (1934); 40 H. 79 (1953), aff'd 210 F.2d 552 (1954).
HI Rev Stat § 806-49 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-49 Arraignment; plea of not guilty.

  §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).
HI Rev Stat § 806-50 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-50 Standing mute.

  §806-50 Standing mute. If any person being arraigned upon or charged with any offense, stands mute of malice, or will not answer directly to the indictment, the court (if it shall so think fit) may order the proper officer to enter a plea of "not guilty" on behalf of that person, and the plea so entered shall have the same force and effect as if the person had actually pleaded the same. [L 1876, c 40, §37; RL 1925, §4071; RL 1935, §5520; RL 1945, §10823; RL 1955, §258-33; HRS §711-50; ren L 1972, c 9, pt of §1] Rules of Court  Pleas, see HRPP rule 11. Case Notes  Proper for court to enter plea of not guilty. 9 H. 181, 187 (1893); 9 H. 641, 653 (1895); 13 H. 413, 419 (1901).
HI Rev Stat § 806-51 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-51 Plea of autrefois convict or acquit.

  §806-51 Plea of autrefois convict or acquit. In any plea of autrefois convict or autrefois acquit, it shall be sufficient for the defendant to state that the defendant has been lawfully convicted or acquitted (as the case may be) of the offense charged in the indictment. [L 1876, c 40, §40; RL 1925, §4072; RL 1935, §5521; RL 1945, §10824; RL 1955, §258-34; HRS §711-51; ren L 1972, c 9, pt of §1; gen ch 1985] Rules of Court  Pleadings and motions before trial, see HRPP rule 12(a). Case Notes  Where accused by accused's own action has obtained reversal of whole judgment, new trial may be had against accused as if no trial had previously taken place. 25 H. 581 (1920).  Cited: 27 H. 270, 271 (1923).
HI Rev Stat § 806-56 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-56 Nolle prosequi.

 §806-56 Nolle prosequi. No nolle prosequi shall be entered in a criminal case in a court of record except by consent of the court upon written motion of the prosecuting attorney stating the reasons therefor. The court may deny the motion if it deems the reasons insufficient and if, upon further investigation, it decides that the prosecution should continue, it may, if in its opinion the interests of justice require it, appoint a special prosecutor to conduct the case and allow the special prosecutor a fee. Section 802-5(b) relative to fees allowed counsel assigned by the court for a defendant is made applicable to fees of special prosecutors appointed hereunder. [L 1876, c 40, §5; am L 1903, c 39, §6; RL 1925, §4029; am L 1931, c 73, §1; RL 1935, §5525; RL 1945, §10830; RL 1955, §258-40; HRS §711-56; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1987, c 283, §67] Rules of Court  Dismissal by prosecutor, see HRPP rule 48(a). Case Notes  A nolle prosequi of an appeal from a magistrate before trial is no bar to a subsequent trial. 3 H. 339 (1872).  For historical background: 6 H. 718 (1889).
HI Rev Stat § 806-60 (2021)
2021 Hawaii Revised Statutes|Title 38. Procedural and Supplementary Provisions|806. Criminal Procedure: Circuit Courts|806-60 Jury of twelve required.

  §806-60 Jury of twelve required. Any defendant charged with a serious crime shall have the right to trial by a jury of twelve members. "Serious crime" means any crime for which the defendant may be imprisoned for six months or more. [L 1979, c 89, §2] Cross References  See Const. art. I, §14. Rules of Court  Jury of less than twelve, see HRPP rule 23(b). Attorney General Opinions  Proposed amendment to section did not require constitutional amendment because jury comprised of six members in cases involving non-serious crimes tracked language of §14 of article I of the state constitution; however, definition of "serious crimes" as exclusively crimes for which the defendant faces possibility of imprisonment of at least six months, was inconsistent with the principle that crimes that do not carry the possibility of this specific term of imprisonment may nonetheless constitute "serious crimes" which trigger constitutional right to jury trial. Att. Gen. Op. 97-2. Case Notes  Where the misdemeanor offense charged against defendant of assault in the third degree under §707-712 was not amended to a petty misdemeanor, and defendant had demanded defendant €™s right to a jury trial pursuant to this section prior to leaving the courtroom, the district court lacked jurisdiction to proceed to trial; defendant €™s conviction for third degree assault in the course of a mutual affray thus vacated and remanded for a new trial. 128 H. 479, 291 P.3d 377 (2013).  Family court failed to ensure that defendant's waiver of defendant's right to a jury trial was voluntary, where defendant failed to sign defendant's initials next to the paragraph addressing voluntariness on the written waiver form and none of the family court's questions were directed towards determining the voluntariness of defendant's waiver. 132 H. 1, 319 P.3d 1009 (2014).  Discussed: 76 H. 360, 878 P.2d 699 (1994).