§806-30 - Alternative allegations. - Hawaii Statutes

     §806-30  Alternative allegations.  In an indictment for an offense which is constituted of one or more of several acts or which may be committed by one or more of several means or with one or more of several intents, or which may produce one or more of several results, two or more of those acts, means, intents, or results may be charged in the alternative. [L 1915, c 215, pt of §2; RL 1925, §4043; RL 1935, §5502; RL 1945, §10804; RL 1955, §258-14; HRS §711-30; ren L 1972, c 9, pt of §1]

 

Rules of Court

 

  See HRPP rule 7(d).

 

Case Notes

 

  In robbery, the terms "from the person" and "from the custody and in the presence" are synonymous and may be alleged in alternative in an indictment.  26 H. 725.

  Indictment alleging four alternative non-synonymous subjects for inquiry is defective for uncertainty.  37 H. 552.

  Indictment alleging several acts in the alternative not duplicitous.  39 H. 574.

  Cited:  27 H. 65, 102; 36 H. 550, 552, aff'd 150 F.2d 545.