HRS 0604-0008 ANNOTATIONS

Tax offenses, see §231-12.

See HRPP rules 5, 54(b).

Jury trial may be waived. 17 H. 428. None in first instance for trivial offense. 27 H. 844, 847. Embezzlement. 23 H. 91. No jurisdiction in absence of charge. 34 H. 75.

Misdemeanors on naval reservation. 19 H. 198. To commit, must have evidence of commission of an offense and probability of guilt. 22 H. 614.

Prosecution's witnesses should be heard. 30 H. 560.

Costs in excess of one year imprisonment is surplusage. 23 H. 766.

Former jurisdiction under Volstead Act. 27 H. 237.

"Right" to jury trial refers to constitutional guarantee involving "serious" offenses, in absence of specific statutory right to jury trial. 51 H. 612, 466 P.2d 422.

Where demand for jury trial conferred jurisdiction on circuit court, subsequent withdrawal of demand does not divest such jurisdiction. 55 H. 394, 520 P.2d 427.

Defendant's waiver of right to jury trial must be knowing and voluntary. 61 H. 173, 599 P.2d 282.

Nothing in this section obviates court's constitutional duty to inform a defendant of defendant's right to jury trial; court should not presume a "knowing and voluntary waiver" from a defendant's silence. 75 H. 118, 857 P.2d 576.

Both the circuit and district courts have concurrent jurisdiction over DUI cases. 78 H. 367, 893 P.2d 795.

As no provision in HHCA or its legislative history indicates intent to exempt Hawaiian home lands from application of state criminal laws, district court properly exercised jurisdiction over defendants charged with criminal trespass. 80 H. 168, 907 P.2d 754.

Cited: 1 U.S.D.C. Haw. 34, 35; 17 H. 174, 183; 9 H. App. 232, 832 P.2d 737.