§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).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.