Territory v. Pupuhi

Citations

• 24 Haw. 565
• 1918 Haw. LEXIS 1

Syllabus

<p>Indictment and Information — charging in the words of the statute.</p> <p>Where a statute fully defines the offense in clear and unmistakable terms a charge in the language of the statute is sufficient, but we do not find that the statute of gross cheat, that is, section 3988 R. L. 1915, contains those descriptive elements which would bring it within the category of the statutes just mentioned.</p> <p>Same — false pretenses.</p> <p>Where the defendant is charged with false pretenses the indictment must not only set out the pretenses but must set them out with such particularity as to enable the court to determine whether they are such pretenses as come within the statute and as to apprise the accused of the charge against him.</p> <p>Same — same.</p> <p>An indictment charging that the defendant “did designedly, by false pretenses, and with intent to defraud, obtain from others, to-wit, Joe Boteilho, John de Costa, Antone S. Madeira and Joe Antone Rodrigues, money of the amount and value to-wit twenty-five hundred dollars” is confined to a bare repetition of the words of the statute and is demurrable.</p>