Haw. Rev. Stat. § 604-9

Current through the 2024 Legislative Session

Section 604-9 - Same; powers

District courts shall have power, subject to appeal according to law and except as otherwise provided in cases in which the accused has the right to and demands a trial by jury in the first instance, to try without a jury, and to render judgment in all cases of criminal offenses coming within their respective jurisdictions.

HRS § 604-9

L 1892, c 57, §11; am L 1901, c 2, §2; RL 1925, §2277; RL 1935, §3766; RL 1945, §9677; am L 1947, c 231, §1; RL 1955, § 216-8; am L 1961, c 47, §1; HRS § 604-9; am L 1970, c 188, §17; am L 1971, c 144, §6B

Where jury trial demanded, no jurisdiction to commit defendant for trial to circuit court in the absence of evidence tending to show commission of offense.22 Haw. 614. No jury, first instance, trivial offense.27 Haw. 844, 847. "Right" to jury trial refers to constitutional guarantee involving "serious" offenses, in absence of specific statutory right to jury trial.51 Haw. 612,466 P.2d 422. Cited:23 Haw. 91, 96, 767;27 Haw. 237, 240; 45 H. 109, 110, 363 P.2d 790.