2013 Hawaii Revised Statutes
TITLE 38. PROCEDURAL AND SUPPLEMENTARY PROVISIONS
806. Criminal Procedure: Circuit Courts
806-28 Characterization of the act.
§806-28 Characterization of the act. The indictment need not allege that the offense was committed or the act done "feloniously", "unlawfully", "wilfully", "knowingly", "maliciously", "with force and arms", or otherwise except where such characterization is used in the statutory definition of the offense. Where the characterization is so used the indictment may employ the words of the statute or other words substantially of the same import. In alleging the transaction the indictment may use the nounal, adjectival, verbal, or adverbial form of the statutory name of the offense. [L 1915, c 215, pt of §2; RL 1925, §4040; RL 1935, §5499; RL 1945, §10801; RL 1955, §258-11; HRS §711-28; ren L 1972, c 9, pt of §1]
Case Notes
See 35 H. 324; 37 H. 586.
As the plain language of §806-2 limits the application of the criminal procedure provisions of this chapter to the circuit courts, the appellate court erred by extending the application of this section to the district courts. 127 H. 48, 276 P.3d 617 (2012).
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