{"data":{"id":"us-hi/haw.-rev.-stat.-708-835","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 708-835","heading":"Proof of theft offense.","body":"A charge of an offense of theft in any degree may be proved by evidence that it was committed in any manner that would be theft under section 708-830, notwithstanding the specification of a different manner in the indictment, information, or other charge, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.\n\nCOMMENTARY ON §708-835\n\nAs outlined in the commentary on §708-830, one of the principal reasons for the consolidation of various related common-law and statutory offenses under the single theft statute is to eliminate pointless procedural obstacles in prosecution. The possibility of quashing a theft indictment because of variance would substantially pervert the virtue of simplicity which such consolidation seeks to achieve. Subject only to the court's power to ensure a fair trial (e.g., to ensure that the accused has adequate time and information to prepare a defense), any charge of theft may be proved by demonstration, beyond a reasonable doubt, that the accused's actions came within the definition of one of the subsections of §708-830.[1]","path":["HI Code","Division 5","Title 37","Chapter 708"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0835.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"e6f39f7cc1c9faeab25ae6b44a31205c9709ce9077432dcdccf2e4ebd0e6e483","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-708-834","next":"us-hi/haw.-rev.-stat.-708-835.4"},"notice":"GroundRules: Original legal text. Not legal advice."}