HRS §806-27
When small mistakes in an indictment do not invalidate it
This section says that an indictment (the formal charge against a person) is still valid even if it has minor errors, like misspellings, missing formal words, or small mistakes in time or place. It also says the indictment is valid even if it lacks certain formal statements about the grand jury or the defendant's name. The only requirement is that the court's authority is clear and the mistakes do not unfairly harm the defendant.
courts
The statute, as written — Indictment; defects and omissions
No indictment shall be held invalid or insufficient for want of the averment of any matter unnecessary to be proved; for any defect or omission of any matter of form only; for any miswriting, misspelling, or improper English, or the use of abbreviations, signs, symbols, or foreign words locally in common use and commonly understood; for the omission of the words "as appears upon the record", or "as appears by the record" or of the words "against the peace" or of the words "against the form of the statute" or of the words "against the form of the statutes"; or, provided jurisdiction of the court is shown with certainty sufficient to satisfy a person of ordinary intelligence, for stating time or place imperfectly or incorrectly. No indictment shall be held invalid or insufficient for want of an averment that the grand jurors were impaneled, sworn, or charged; for want of a proper or formal conclusion; for want of or imperfection in the addition of any defendant; or because any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of the person's proper name; or because the initial of any person's given name is stated instead of the person's given name; or for want of a statement of value or price or the amount of damage or injury in any case where the value or price or the amount of damage or injury is not of the essence of the offense. No indictment shall be deemed insufficient, nor shall the trial, judgment, or other proceedings thereon be affected, by reason of any defect or imperfection in matter or form, which shall not prejudice or tend to prejudice the defendant.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.