HRS 0805-0001 ANNOTATIONS

Cross References

Sheriff, etc., see §26-14.6.

Rules of Court

See HRPP rules 3, 9.

Case Notes

See 49 H. 404, 420 P.2d 100.

Cases prior to adoption of Hawaii Rules of Criminal Procedure.

Irregularities in proceedings should be availed of before judgment or made ground of appeal. 2 H. 444.

Magistrate acting in case where magistrate has no jurisdiction or exceeding magistrate's jurisdiction, liability in damages to party injured. 4 H. 584, overruled 49 H. 624, 631, 425 P.2d 1014.

Where charges are uncertain and not sufficiently specific, subject to objection. 7 H. 344.

Charge being substantially in the language of the statute sufficiently sets forth the offense. 10 H. 469.

Giving a wrong name to the offense charged does not vitiate the charge, it being regarded as surplusage. 11 H. 143.

Statement of venue in the margin of the charge held sufficient. 11 H. 435.

Charge of offense necessary. 34 H. 75.

Offense may be described in warrant by reference to affidavit on same page. 9 H. 171, 175.

Warrant may refer to complaint for names of accused. 9 H. 641, 656.

Charge may be less formal than in an indictment. 10 H. 601.

"Complaint" referred to in this section is not the charge upon which defendant is tried in district court. 14 H. 586 (under prior law). Compare 41 H. 348.

Trial procedure. 30 H. 560.

Requisites and sufficiency of complaint. 41 H. 163.

Where valid complaint lacking, court will inquire as to sufficiency of oral or written charge. 41 H. 348.

 

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