§806-7 - Preparation of indictment, complaint, or information; true bill by grand jury. - Hawaii Statutes

     §806-7  Preparation of indictment, complaint, or information; true bill by grand jury.  Informations, complaints, and indictments shall be duly prepared by a legal prosecuting officer.  Every indictment shall be duly found by a grand jury before the arraignment of the accused, and when so found shall be indorsed a true bill, and the indorsement shall be signed by the foreperson. [L 1876, c 40, §2; am L 1903, c 39, §2; RL 1925, §4018; RL 1935, §5491; RL 1945, §10792; RL 1955, §258-3; HRS §711-7; ren L 1972, c 9, pt of §1; am L 1991, c 147, §2; gen ch 1993]

 

Rules of Court

 

  See HRPP rules 6(f), 7.

 

Case Notes

 

  Signed by foreperson.  16 H. 743.

  Not sufficient ground to quash indictment that defendant was subpoenaed before grand jury, when it appears defendant was informed of defendant's right to refuse to answer questions the answers to which might incriminate defendant.  24 H. 621.

  Examination of wife of accused by grand jury, effect.  45 H. 221, 365 P.2d 202.

  Indictment may be based on hearsay under certain circumstances.  53 H. 513, 497 P.2d 559.

  There is presumption that indictment was based on sufficient evidence, and burden is on one who asserts that it was not.  53 H. 513, 497 P.2d 559.

  Effect of incompetent evidence on validity of indictment where there are other legal and competent evidence.  58 H. 474, 572 P.2d 497.