§806-46 Objections to indictment. Every objection to any indictment for any defect apparent on the face thereof, shall be taken by demurrer or motion to quash the indictment before the accused has pleaded and not afterwards; and every court before which any such objection is taken for the defect may, if it is thought necessary, cause the indictment to be forthwith amended in that particular by some officer of the court or other person, and thereupon the trial shall proceed as if no defect had appeared; and no motion in arrest of judgment shall be allowed for any defect in any indictment which might have been taken advantage of by demurrer or motion to quash as aforesaid. [L 1876, c 40, §33; RL 1925, §4068; RL 1935, §5517; RL 1945, §10819; RL 1955, §258-29; HRS §711-46; ren L 1972, c 9, pt of §1]
Cross References
See Const. art. I, §§10, 14.
Rules of Court
Pleadings and motions before trial; defenses and objections, see HRPP rule 12.
Amendment of chaarge, see HRPP rule 7(f).
Arrest of judgment, see HRPP rule 34.
Case Notes
Objections to sufficiency of charge should be made before pleading even in district court. 11 H. 435 (1898).
Defects in indictment apparent on face are waived by plea made. 22 H. 526, 530 (1915); 37 H. 586 (1947); 39 H. 568 (1952); 40 H. 208 (1953).
Defect in indictment. 37 H. 552 (1947).
Applies to complaints. 39 H. 568 (1952).
The following cases prior to annexation: Amendment of indictment allowed. 8 H. 274 (1891); 9 H. 257, 262 (1893).
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