§805-6 Arraignment.

233 words·~1 min read·/hi/chapter-805/805-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§805-6 Arraignment. Upon arraignment, the written complaint upon which the warrant of arrest or summons has been issued shall be construed, except upon motion of the accused or prosecuting officer, to be the charge, and the reading thereof shall be deemed waived. Unless a demurrer, motions, or other pleadings are interposed, the accused may be required to plead the accused's innocence or guilt immediately, if the accused appears to understand the charge against the accused. [L 1949, c 43, §2; RL 1955, §257-6; HRS §710-6; ren L 1972, c 9, pt of §1; gen ch 1985]

Rules of Court

Proceedings following arrest, see HRPP rule 5.

Case Notes

Defendant has right to appeal to circuit court in mitigation of sentence notwithstanding plea of guilty. 9 H. 428 (1894).

No issue raised in circuit court on appeal from district court after plea of guilty. Plea of guilty in district court cannot be stricken on appeal to circuit court. Appeal from district court after plea of guilty is an appeal in mitigation. 10 H. 469 (1896).

Objections to sufficiency of charge should be made before pleading. 11 H. 435 (1898).

Written charge validly served and entered on record constitutes sufficient accusation. 41 H. 348 (1956).

Modified by Hawaii Rules of Criminal Procedure. 49 H. 404, 405, note 1, 420 P.2d 100 (1966).

Requirements of acceptance of guilty plea. 59 H. 592, 585 P.2d 1259 (1978).