§806-49 Arraignment; plea of not guilty.

265 words·~1 min read·/hi/chapter-806/806-49

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

§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).