§806-34 Sufficiency of averments as to offense and transaction.

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§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).