39 Haw. 522 | Haw. | 1952
OPINION OP THE COURT BY
The defendant on May 17, 1951 was indicted for murder in the first degree. The indictment charged him with committing that crime on August 1, 1950. At the time set for arraignment on June 1, 1951, the defendant appeared
On error, the sole question meriting consideration is one of law involving the interpretation and application of a statutory provision which admittedly is the basis for the order, as well as for the special plea in bar. It is whether that provision constitutes a valid ground on which to sustain the plea and dismiss the indictment. The provision to be interpreted and applied reads: “In all cases of offenses against the laws of the Territory, brought in the first instance in a court of record, the accused shall be arraigned and prosecuted upon an information or indictment, as soon after the commitment of the offense of which he is accused as may be expedient.” (R. L. H. 1945, c. 233, § 10791.)
The plain and unambiguous language of that provision requires no judicial construction to determine that it does not deal with the filing of an information or with the return of an indictment. On the contrary, it relates solely to the criminal proceedings of arraignment and prosecution in all cases of offenses brought in the first instance in a circuit court. The provision makes it mandatory that those proceedings be “upon an information or indictment,” but purely directory or permissive with respect to Avhen such proceedings are to be brought by requiring them to be brought “as soon after the commitment of the offense * * * as may be expedient.” The question of interpretation and application before this court involves only that directory or permissive aspect of the provision, the very nature of Avhich requires it to be liberally interpreted. So interpreted, it means nothing more than that an accused, when an information or indictment is filed or entered against
The provision, so interpreted, has no application to any proceedings before a grand jury or to any other proceedings antedating the filing of an information or the entry of an
Clearly, the provision constitutes no valid ground for sustaining the special plea in bar or for dismissing the indictment in this case. Indeed, the sustaining order of dismissal contravened the very provision on which it rested by thwarting the Territory’s attempt to perform its duty to arraign and prosecute the defendant upon the indictment consistently with such provision. Consequently, the order is erroneous and falls of its own weight, there being no valid ground to support it. Nothing more need be said other than that the defendant will not be heard to complain that he could have been more expediently indicted for murder in the first degree at an earlier date and sooner held without bail than in fact he was.
Order set aside and the cause remanded below for further proceedings consistent with this opinion.