§806-21 - Joinder of defendants; accessories, receivers. - Hawaii Statutes

JOINDER OF OFFENSES AND OF DEFENDANTS

 

     §806-21  Joinder of defendants; accessories, receivers.  Any number of accessories at different times to any felony, and any number of receivers at different times of the whole or any part or parts of any property which at one time have been stolen, taken, extorted, obtained, embezzled, or otherwise disposed of in such a manner as to amount to a felony, may be charged with substantive felonies in the same indictment and may be tried together, notwithstanding the principal felon is not included in the same indictment, or is not in custody, or amenable to justice. [L 1876, c 40, §14; RL 1925, §4038; RL 1935, §5497; RL 1945, §10798; RL 1955, §258-8; HRS §711-21; ren L 1972, c 9, pt of §1]

 

Rules of Court

 

  See HRPP rule 8(b).

 

Case Notes

 

  Separate trial is matter in discretion of court.  3 H. 30.

  Convictions against several defendants jointly charged and tried for several offenses upheld.  4 H. 509.

  Joinder of principal and accessories upheld.  7 H. 734.

  One may be charged in different counts in same indictment as principal and as accessory before the fact in an attempt to commit a crime; where this is done and one is convicted as principal he is not entitled to his discharge because of acquittal of his alleged principal.  11 H. 591.

  Severance rests in discretion of court.  46 H. 183, 377 P.2d 728.  Denial not subject to reversal unless there was clear abuse of discretion.  47 H. 185, 389 P.2d 146.

  An accused person has no right to be tried with another accused with him.  53 H. 574, 499 P.2d 678.

  See 3 H. 90.