Exceptions need not be negatived.

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§806-29 Exceptions need not be negatived. No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception, excuse, or proviso contained in the statute creating or defining the offense. The fact that the charge is made shall be considered as an allegation that no legal excuse for the doing of the act existed in a particular case. [L 1915, c 215, pt of §2; RL 1925, §4042; RL 1935, §5501; RL 1945, §10803; RL 1955, §258-13; HRS §711-29; ren L 1972, c 9, pt of §1]

Case Notes

See 33 H. 180 (1934); 33 H. 686 (1936); 36 H. 32 (1942).


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