reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1801 - GROUND FOR REMOVAL.

19-1801. GROUND FOR REMOVAL. A criminal action, prosecuted by indictment, may be removed from the court in which it is pending, on the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the indictment is pending.
History:
[(19-1801) Cr. Prac. 1864, sec. 305, p. 249; R.S., R.C., & C.L., sec. 7768; C.S., sec. 8888; I.C.A., sec. 19-1701.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1802 - FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT.

19-1802. FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT. The application must be made in open court and in writing, verified by the affidavit of the defendant, a copy of which must be served upon the prosecuting attorney at least one (1) day before the application is made. Whenever the affidavit shows that the defendant can not safely appear in person to make the application, because the popular excitement against him is so great as to endanger his personal safety, and such statement is sustained by other testimony, the application may be made by counsel, and heard and determined in the absence of the defendant, though he is indicted for felony, and has not at the time of such application been arrested, or given bail, or been arraigned, or pleaded or demurred to the indictment.
History:
[(19-1802) Cr. Prac. 1864, sec. 306, p. 249; R.S., R.C., & C.L., sec. 7769; C.S., sec. 8889; I.C.A., sec. 19-1702.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1803 - ORDER OF REMOVAL.

19-1803. ORDER OF REMOVAL. If the court is satisfied that the representation of the defendant is true, an order must be made for the removal of the action to the proper court of a county free from a like objection.
History:
[(19-1803) Cr. Prac. 1864, sec. 307, p. 249; R.S., R.C., & C.L., sec. 7770; C.S., sec. 8890; I.C.A., sec. 19-1703.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1804 - TRANSFER OF CAUSE.

19-1804. TRANSFER OF CAUSE. The order of removal must be entered upon the minutes, and the clerk must immediately make out and transmit to the court to which the action is removed a certified copy of the order of removal, record, pleadings and proceedings in the action, including the undertakings for the appearance of the defendant and of the witnesses.
History:
[(19-1804) Cr. Prac. 1864, sec. 308, p. 250; R.S., R.C., & C.L., sec. 7771; C.S., sec. 8891; I.C.A., sec. 19-1704.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1805 - REMOVAL OF DEFENDANT.

19-1805. REMOVAL OF DEFENDANT. If the defendant is in custody, the order must direct his removal, and he must be forthwith removed by the sheriff of the county where he is imprisoned to the custody of the sheriff of the county to which the action is removed.
History:
[(19-1805) Cr. Prac. 1864, sec. 309, p. 250; R.S., R.C., & C.L., sec. 7772; C.S., sec. 8892; I.C.A., sec. 19-1705.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1806 - PROCEEDINGS AFTER REMOVAL.

19-1806. PROCEEDINGS AFTER REMOVAL. The court to which the action is removed must proceed to trial and judgment therein as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the action is removed must, at any time, upon application of the prosecuting attorney or the defendant, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained. The costs accruing upon such removal and trial are a charge against the county in which the indictment was found.
History:
[(19-1806) Cr. Prac. 1864, secs. 310, 674, pp. 250 and 296; R.S., R.C., & C.L., sec. 7773; C.S., sec. 8893; I.C.A., sec. 19-1706.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1807 - CERTIFICATION OF COSTS.

19-1807. CERTIFICATION OF COSTS. The clerk of the court in the county to which such action is, or may be, removed must certify the amount of said costs to the auditor of the proper county, which must be allowed and paid as other county charges.
History:
[(19-1807) Cr. Prac. 1864, sec. 675, p. 297; R.S., R.C., & C.L., sec. 7774; C.S., sec. 8894; I.C.A., sec. 19-1707.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1808 - REMOVAL ON APPLICATION OF STATE.

19-1808. REMOVAL ON APPLICATION OF STATE. The district courts of this state, within their respective districts, are hereby empowered to change the place of trial in criminal cases, other than misdemeanors, upon the application of the state, on the relation of the county attorney of the county in which any indictment or information may be filed, or upon the relation of any attorney duly and especially appointed to prosecute said cause, such application to be sustained by the affidavits of at least two (2) resident taxpayers in the county where the offense is alleged to have been committed, on the ground that a fair and impartial trial cannot be had in the county where the criminal act is alleged to have been committed.
History:
[(19-1808) 1907, p. 168, sec. 1; reen. R.C. & C.L., sec. 7775; C.S., sec. 8895; I.C.A., sec. 19-1708.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1809 - REMOVAL ON APPLICATION OF STATE — FORM OF APPLICATION.

19-1809. REMOVAL ON APPLICATION OF STATE — FORM OF APPLICATION. Such application must be made in open court and in writing, verified by the affidavit of the relator, a copy of which must be served upon the defendant or his attorney at least one (1) day before the application is made.
History:
[(19-1809) 1907, p. 168, sec. 2; reen. R.C. & C.L., sec. 7776; C.S., sec. 8896; I.C.A., sec. 19-1709.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1810 - REMOVAL ON APPLICATION OF STATE — ORDER.

19-1810. REMOVAL ON APPLICATION OF STATE — ORDER. If the court is satisfied, from the facts set forth in such application and affidavit, that a fair and impartial trial cannot be had, an order must be made for the removal of the action to the proper court of a county free from a like objection.
History:
[(19-1810) 1907, p. 168, sec. 3; reen. R.C. & C.L., sec. 7777; C.S., sec. 8897; I.C.A., sec. 19-1710.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1811 - REMOVAL ON APPLICATION OF STATE — TRANSFER OF CAUSE.

19-1811. REMOVAL ON APPLICATION OF STATE — TRANSFER OF CAUSE. The order of removal must be entered upon the minutes, and the clerk must immediately make out and transmit to the court to which the action is removed a certified copy of the order of removal, record, pleadings and proceedings in the action, including the undertakings for the appearance of the defendant and of the witnesses.
History:
[(19-1811) 1907, p. 168, sec. 4; reen. R.C. & C.L., sec. 7778; C.S., sec. 8896; I.C.A., sec. 19-1711.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1812 - REMOVAL ON APPLICATION OF STATE — REMOVAL OF DEFENDANT.

19-1812. REMOVAL ON APPLICATION OF STATE — REMOVAL OF DEFENDANT. If the defendant is in custody, the order must direct his removal, and he must be forthwith removed by the sheriff of the county where he is imprisoned to the custody of the sheriff of the county to which the action is removed.
History:
[(19-1812) 1907, p. 168, sec. 5; reen. R.C. & C.L., sec. 7779; C.S., sec. 8899; I.C.A., sec. 19-1712.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1813 - REMOVAL ON APPLICATION OF STATE — PROCEEDINGS AFTER TRANSFER.

19-1813. REMOVAL ON APPLICATION OF STATE — PROCEEDINGS AFTER TRANSFER. The court to which the action is removed must proceed to trial and judgment therein as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the action is removed must, at any time, upon application of the county attorney or the relator, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained. The costs accruing upon such removal and trial are a charge against the county from which such criminal action was removed.
History:
[(19-1813) 1907, p. 168, sec. 6; reen. R.S. & C.L., sec. 7779a; C.S., sec. 8900; I.C.A., sec. 19-1713.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1814 - REMOVAL ON APPLICATION OF STATE — CERTIFICATE OF COSTS.

19-1814. REMOVAL ON APPLICATION OF STATE — CERTIFICATE OF COSTS. The clerk of the court in the county to which said action is, or may be, removed must certify the amount of said costs to the auditor of the proper county, which must be allowed and paid as other county charges.
History:
[(19-1814) 1907, p. 168, sec. 7; reen. R.C. & C.L., sec. 7779b; C.S., sec. 8901; I.C.A., sec. 19-1714.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1815 - REMOVAL ON APPLICATION OF STATE — APPEAL FROM ORDER DENYING APPLICATION.

19-1815. REMOVAL ON APPLICATION OF STATE — APPEAL FROM ORDER DENYING APPLICATION. The sufficiency, in both law and fact, of the application and supporting affidavits may be reviewed by the supreme court on appeal from an order of the district court denying such application, and such appeal may be taken by the state on the relation of the county attorney of the county in which such application is made, or of any other attorney duly appointed and acting in the prosecution of such cause, and the procedure governing such appeal shall be, as near as may be, the same as provided by law for appeals in other criminal cases.
History:
[(19-1815) 1907, p. 168, sec. 8; reen. R.C. & C.L., sec. 7779c; C.S., sec. 8902; I.C.A., sec. 19-1715.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL › Section 19-1816 - IMPANELING JURY FROM ANOTHER COUNTY.

19-1816. IMPANELING JURY FROM ANOTHER COUNTY. (a) As an alternative to entering the order of removal provided in the preceding sections of this chapter, the court may instead enter an order directing that jurors be impaneled from the county to which venue would otherwise have been transferred, if it finds:
1. That a fair and impartial jury cannot be impaneled in the county where the criminal complaint, information or indictment is filed;
2. That it would be more economical to transport the jury than to transfer the pending action; and
3. That justice will be served thereby.
(b) The jury shall be summoned and impaneled as if the trial were to take place in the county where the jury was summoned. Thereafter, the jury shall be transported for purpose of the trial to the county in which the complaint, information or indictment is filed.
(c) All court costs incurred under this section shall be paid by the county where the complaint, information or indictment is filed.
(d) The provisions of this section do not affect the power of the court to order a change of venue.
History:
[19-1816, added 1983, ch. 17, sec. 1, p. 51.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1901 - ISSUE OF FACT DEFINED.

19-1901. ISSUE OF FACT DEFINED. An issue of fact arises:
1. Upon a plea of not guilty.
2. Upon a plea of a former conviction or acquittal of the same offense.
3. Upon a plea of once in jeopardy.
History:
[(19-1901) Cr. Prac. 1864, sec. 311, p. 250; R.S., R.C., & C.L., sec. 7780; C.S., sec. 8903; I.C.A., sec. 19-1801.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1902 - TRIAL BY JURY.

19-1902. TRIAL BY JURY. Issues of fact must be tried by jury, unless a trial by jury be waived in criminal cases by the consent of both parties expressed in open court and entered in the minutes. In case of misdemeanor the jury may consist of six (6) or any number less than six (6) upon which the parties may agree in open court. There shall be no right to trial by jury for an infraction.
History:
[(19-1902) R.S., sec. 7781; am. 1890-1891, p. 165, sec. 1; reen. 1899, p. 110, sec. 1; reen. R.C. & C.L., sec. 1781; C.S., sec. 8904; I.C.A., sec. 19-1802; am. 1965, ch. 80, sec. 1, p. 130; am. 1982, ch. 353, sec. 8, p. 878; am. 2000, ch. 69, sec. 1, p. 152; am. 2014, ch. 236, sec. 3, p. 597.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1903 - PRESENCE OF DEFENDANT.

19-1903. PRESENCE OF DEFENDANT. If the indictment is for a felony, the defendant must be personally present at the trial; but if for misdemeanor, the trial may be had in the absence of the defendant.
History:
[(19-1903) R.S., R.C., & C.L., sec. 7782; C.S., sec. 8905; I.C.A., sec. 19-1803.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1904 - ADDITIONAL JURORS.

19-1904. ADDITIONAL JURORS. A court may direct that one (1) or more jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. All jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges prior to deliberations. At the conclusion of closing arguments, jurors exceeding the number required of a regular panel shall be removed by lot. Those removed by lot may be discharged after the jury retires to consider its verdict. If more than one (1) additional juror is called, each party is entitled to two (2) peremptory challenges in addition to those otherwise allowed by law; provided however, that if only one (1) additional juror is called, each party shall be entitled to one (1) peremptory challenge in addition to those otherwise provided by law.
History:
[19-1904, added 2002, ch. 94, sec. 10, p. 262.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1905 - JURY TO BE FORMED AS IN CIVIL ACTIONS.

19-1905. JURY TO BE FORMED AS IN CIVIL ACTIONS. Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.
History:
[(19-1905) Cr. Prac. 1864, sec. 313, p. 250; R.S., R.C., & C.L., sec. 7787; C.S., sec. 8906; I.C.A., sec. 19-1805.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1906 - PREPARATION OF CALENDAR.

19-1906. PREPARATION OF CALENDAR. The clerk must prepare a calendar of all criminal actions pending in the court, enumerating them according to the date of the filing of the indictment, specifying opposite the title of each action whether it is for a felony or a misdemeanor, and whether the defendant is in custody or on bail.
History:
[(19-1906) Cr. Prac. 1864, sec. 314, p. 250; R.S., R.C., & C.L., sec. 7788; C.S., sec. 8907; I.C.A., sec. 19-1806.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1907 - ORDER OF TRYING CASES.

19-1907. ORDER OF TRYING CASES. The issues on the calendar must be disposed of in the following order, unless upon application of either party, for good causes shown by affidavit, and upon two (2) days’ notice to the opposite party, with service of a copy of the affidavit in support of the application, the court shall direct an indictment to be tried out of its order:
1. Indictments for felony, when the defendant is in custody.
2. Indictments for misdemeanor, when the defendant is in custody.
3. Indictments for felony, when the defendant is on bail.
4. Indictments for misdemeanor, when the defendant is on bail.
History:
[(19-1907) Cr. Prac. 1864, sec. 315, p. 250; R.S., R.C., & C.L., sec. 7789; C.S., sec. 8908; I.C.A., sec. 19-1807.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1908 - TIME TO PREPARE FOR TRIAL.

19-1908. TIME TO PREPARE FOR TRIAL. After his plea the defendant is entitled to at least two (2) days to prepare for trial.
History:
[(19-1908) Cr. Prac. 1864, sec. 316, p. 250; R.S., R.C., & C.L., sec. 7790; C.S., sec. 8909; I.C.A., sec. 19-1808.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1909 - TRIAL MAY BE POSTPONED FOR CAUSE.

19-1909. TRIAL MAY BE POSTPONED FOR CAUSE. When an indictment is called for trial, or at any time previous thereto, the court may, upon sufficient cause, direct the trial to be postponed to another day of the same or of the next term.
History:
[(19-1909) Cr. Prac. 1864, sec. 317, p. 250; R.S., R.C., & C.L., sec. 7795; C.S., sec. 8910; I.C.A., sec. 19-1809.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL › Section 19-1910 - PRETRIAL RISK ASSESSMENT TOOLS.

19-1910. PRETRIAL RISK ASSESSMENT TOOLS. (1) All pretrial risk assessment tools shall be transparent, and:
(a) All documents, data, records, and information used by the builder to build or validate the pretrial risk assessment tool and ongoing documents, data, records, and written policies outlining the usage and validation of the pretrial risk assessment tool shall be open to public inspection, auditing, and testing;
(b) A party to a criminal case wherein a court has considered, or an expert witness has relied upon, a pretrial risk assessment tool shall be entitled to review all calculations and data used to calculate the defendant’s own risk score; and
(c) No builder or user of a pretrial risk assessment tool may assert trade secret or other intellectual property protections in order to quash discovery of the materials described in paragraph (a) of this subsection in a criminal or civil case.
(2) For purposes of this section, "pretrial risk assessment tool" means a pretrial process that creates or scores particular factors in order to estimate a person’s level of risk to fail to appear in court, risk to commit a new crime, or risk posed to the community in order to make recommendations as to bail or conditions of release based on such risk, whether made on an individualized basis or based on a grid or schedule.
History:
[19-1910, added 2019, ch. 258, sec. 1, p. 768.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2001 - KINDS OF CHALLENGE.

19-2001. KINDS OF CHALLENGE. A challenge is an objection made to trial jurors and is of two kinds:
1. To the panel.
2. To an individual juror.
History:
[(19-2001) Cr. Prac. 1864, sec. 318, p. 250; R.S., R.C., & C.L., sec. 7815; C.S., sec. 8911; I.C.A., sec. 19-1901.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2002 - DEFENDANTS MUST JOIN IN CHALLENGE.

19-2002. DEFENDANTS MUST JOIN IN CHALLENGE. When several defendants are tried together they can not sever their challenges, but must join therein.
History:
[(19-2002) Cr. Prac. 1864, sec. 319, p. 250; R.S., R.C., & C.L., sec. 7816; C.S., sec. 8912; I.C.A., sec. 19-1902.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2003 - PANEL DEFINED.

19-2003. PANEL DEFINED. The panel is a list of jurors returned by a sheriff to serve at a particular court or for the trial of a particular action.
History:
[(19-2003) Cr. Prac. 1864, sec. 320, p. 250; R.S., R.C., & C.L., sec. 7817; C.S., sec. 8913; I.C.A., sec. 19-1903.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2004 - CHALLENGE TO PANEL DEFINED — WHO MAY TAKE.

19-2004. CHALLENGE TO PANEL DEFINED — WHO MAY TAKE. A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party.
History:
[(19-2004) Cr. Prac. 1864, sec. 321, p. 250; R.S., R.C., & C.L., sec. 7818; C.S., sec. 8914; I.C.A., sec. 19-1904.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2005 - CHALLENGE TO PANEL — GROUNDS.

19-2005. CHALLENGE TO PANEL — GROUNDS. A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one (1) or more of the jurors drawn.
History:
[(19-2005) Cr. Prac. 1864, sec. 322, p. 250; R.S., R.C., & C.L., sec. 7819; C.S., sec. 8915; I.C.A., sec. 19-1905.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2006 - CHALLENGE TO PANEL — WHEN AND HOW TAKEN.

19-2006. CHALLENGE TO PANEL — WHEN AND HOW TAKEN. A challenge to the panel must be taken before a juror is sworn, and must be in writing, and must plainly and distinctly state the facts constituting the ground of challenge.
History:
[(19-2006) Cr. Prac. 1864, sec. 323, p. 250; R.S., R.C., & C.L., sec. 7820; C.S., sec. 8916; I.C.A., sec. 19-1906.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2007 - EXCEPTION TO CHALLENGE.

19-2007. EXCEPTION TO CHALLENGE. If the sufficiency of the facts alleged as ground of the challenge is denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered on the minutes of the court, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true.
History:
[(19-2007) Cr. Prac. 1864, secs. 324, 325, p. 250; R.S., R.C., & C.L., sec. 7821; C.S., sec. 8917; I.C.A., sec. 19-1907.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2008 - OVERRULING OR ALLOWANCE OF EXCEPTION.

19-2008. OVERRULING OR ALLOWANCE OF EXCEPTION. If, on the exception, the court finds the challenge sufficient, it may, if justice require it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception is allowed the court may, in like manner, permit an amendment of the challenge.
History:
[(19-2008) Cr. Prac. 1864, sec. 326, p. 250; R.S., R.C., & C.L., sec. 7822; C.S., sec. 8918; I.C.A., sec. 19-1908.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2009 - DENIAL OF CHALLENGE — TRIAL.

19-2009. DENIAL OF CHALLENGE — TRIAL. If the challenge is denied, the denial may be oral, and must be entered on the minutes of the court, and the court must proceed to try the question of fact; and upon such trial, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.
History:
[(19-2009) Cr. Prac. 1864, secs. 327, 328, p. 250; R.S., R.C., & C.L., sec. 7823; C.S., sec. 8919; I.C.A., sec. 19-1909.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2010 - CHALLENGE FOR BIAS OF OFFICERS.

19-2010. CHALLENGE FOR BIAS OF OFFICERS. When the panel is formed, or in part formed, from persons whose names are not drawn as jurors, a challenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juror. Such challenge must be made in the same form, and determined in the same manner, as if made to a juror.
History:
[(19-2010) Cr. Prac. 1864, sec. 329, p. 250; R.S., R.C., & C.L., sec. 7824; C.S., sec. 8920; I.C.A., sec. 19-1910.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2011 - DISCHARGE OF JURY ON SUSTAINING CHALLENGE.

19-2011. DISCHARGE OF JURY ON SUSTAINING CHALLENGE. If, either upon an exception to the challenge or a denial of the facts, the challenge is allowed, the court must discharge the jury, so far as the trial of the indictment in question is concerned. If it is disallowed, the court must direct the jury to be impaneled.
History:
[(19-2011) Cr. Prac. 1864, sec. 330, p. 250; R.S., R.C., & C.L., sec. 7825; C.S., sec. 8921; I.C.A., sec. 19-1911.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2012 - INSTRUCTION AS TO RIGHT OF CHALLENGE.

19-2012. INSTRUCTION AS TO RIGHT OF CHALLENGE. Before a juror is called the defendant must be informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so before the jury is sworn.
History:
[(19-2012) Cr. Prac. 1864, sec. 331, p. 252; R.S., R.C., & C.L., sec. 7826; C.S., sec. 8922; I.C.A., sec. 19-1912.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2013 - CHALLENGE TO INDIVIDUAL JUROR — KINDS.

19-2013. CHALLENGE TO INDIVIDUAL JUROR — KINDS. A challenge to an individual juror is either:
1. For cause; or,
2. Peremptory.
History:
[(19-2013) Cr. Prac. 1864, sec. 332, p. 252; R.S., R.C., & C.L., sec. 7827; C.S., sec. 8923; I.C.A., sec. 19-1913.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2014 - TIME FOR CHALLENGE.

19-2014. TIME FOR CHALLENGE. It must be taken before the jury is sworn to try the cause.
History:
[(19-2014) Cr. Prac. 1864, sec. 333, p. 252; R.S., R.C., & C.L., sec. 7828; C.S., sec. 8924; I.C.A., sec. 19-1914.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2015 - PEREMPTORY CHALLENGE DEFINED.

19-2015. PEREMPTORY CHALLENGE DEFINED. A peremptory challenge can be taken by either party and may be oral. It is an objection to a juror for which no reason need be given, but upon which the court must exclude him.
History:
[(19-2015) Cr. Prac. 1864, sec. 334, p. 252; R.S., R.C., & C.L., sec. 7829; C.S., sec. 8925; I.C.A., sec. 19-1915.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2016 - NUMBER OF PEREMPTORY CHALLENGES.

19-2016. NUMBER OF PEREMPTORY CHALLENGES. If the offense charged is punishable with death or with imprisonment in the state prison for life, the defendant is entitled to ten (10) and the state to ten (10) peremptory challenges. On a trial for any other offense the defendant is entitled to six (6) and the state six (6) peremptory challenges.
History:
[(19-2016) Cr. Prac. 1864, sec. 335, p. 252; R.S., sec. 7830; am. 1907, p. 171, sec. 1; reen. R.C., & C.L., sec. 7830; C.S., sec. 8926; I.C.A., sec. 19-1916.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2017 - CHALLENGE FOR CAUSE DEFINED.

19-2017. CHALLENGE FOR CAUSE DEFINED. A challenge for cause may be taken by either party. It is an objection to a particular juror, and is either:
1. General–That the juror is disqualified from serving in any case; or,
2. Particular–That he is disqualified from serving in the action on trial.
History:
[(19-2017) Cr. Prac. 1864, sec. 336, p. 252; R.S., R.C., & C.L., sec. 7831; C.S., sec. 8927; I.C.A., sec. 19-1917.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2018 - GENERAL CAUSES OF CHALLENGE.

19-2018. GENERAL CAUSES OF CHALLENGE. General causes of challenge are:
1. A conviction of felony.
2. A want of any of the qualifications prescribed by law to render a person a competent juror.
3. Unsoundness of mind, or such defect in the faculties of the mind or organs of the body as render him incapable of performing the duties of a juror.
History:
[(19-2018) Cr. Prac. 1864, sec. 337, p. 252; R.S., R.C., & C.L., sec. 7832; C.S., sec. 8928; I.C.A., sec. 19-1918.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2019 - PARTICULAR CAUSES OF CHALLENGE.

19-2019. PARTICULAR CAUSES OF CHALLENGE. Particular causes of challenge are of two kinds:
1. For such a bias as, when the existence of the fact is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias.
2. For the existence of a state of mind on the part of the juror in reference to the case, or to either of the parties, which, in the exercise of a sound discretion on the part of the trier, leads to the inference that he will not act with entire impartiality, and which is known in this code as actual bias.
History:
[(19-2019) Cr. Prac. 1864, sec. 338, p. 252; R.S., R.C., & C.L., sec. 7833; C.S., sec. 8929; I.C.A., sec. 19-1919.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2020 - GROUNDS OF CHALLENGE FOR IMPLIED BIAS.

19-2020. GROUNDS OF CHALLENGE FOR IMPLIED BIAS. A challenge for implied bias may be taken for all or any of the following causes and for no other:
1. Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant.
2. Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family or boarder or lodger of the defendant, or of the person alleged to be injured by the offense charged or on whose complaint the prosecution was instituted, or in his employment on wages.
3. Being a party adverse to the defendant in a civil action or having complained against or been accused by him in a criminal prosecution.
4. Having served on the grand jury which found the indictment, or on a coroner’s jury which inquired into the death of a person whose death is the subject of the indictment.
5. Having served on a trial jury which has tried another person for the offense charged in the indictment.
6. Having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside or which was discharged without a verdict after the case was submitted to it, or being a witness for the prosecution, or subpoenaed as such.
7. Having served as a juror in a civil action brought against the defendant for the act charged as an offense.
8. Having formed or expressed an unqualified opinion or belief that the prisoner is guilty or not guilty of the offense charged.
9. If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror.
History:
[(19-2020) Cr. Prac. 1864, sec. 339, p. 252; R.S., R.C., & C.L., sec. 7834; C.S., sec. 8930; I.C.A., sec. 19-1920.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2021 - EXEMPTION NOT GROUND FOR CHALLENGE.

19-2021. EXEMPTION NOT GROUND FOR CHALLENGE. An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted.
History:
[(19-2021) Cr. Prac. 1864, sec. 340, p. 253; R.S., R.C., & C.L., sec. 7835; C.S., sec. 8931; I.C.A., sec. 19-1921.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2022 - CHALLENGE FOR BIAS — HOW STATED.

19-2022. CHALLENGE FOR BIAS — HOW STATED. In a challenge for implied bias, one or more of the legal causes must be alleged. In a challenge for actual bias, it must be alleged that the juror is biased against the party challenged. In either case the challenge may be oral, but must be entered on the minutes of the court.
History:
[(19-2022) Cr. Prac. 1864, sec. 341, p. 253; R.S., R.C., & C.L., sec. 7836; C.S., sec. 8932; I.C.A., sec. 19-1922.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2023 - EXCEPTIONS TO CHALLENGE.

19-2023. EXCEPTIONS TO CHALLENGE. The adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings must be had thereon. The adverse party may also orally deny the facts alleged as the ground of challenge.
History:
[(19-2023) Cr. Prac. 1864, sec. 342, p. 253; R.S., R.C., & C.L., sec. 7837; C.S., sec. 8933; I.C.A., sec. 19-1923.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2024 - TRIAL OF CHALLENGE.

19-2024. TRIAL OF CHALLENGE. If the facts are denied the challenge must be tried by the court.
History:
[(19-2024) Cr. Prac. 1864, sec. 343, p. 253; R.S., sec. 7838; am. 1905, p. 9, sec. 1; reen. R.C. & C.L., sec. 7838; C.S., sec. 8934; I.C.A., sec. 19-1924.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2025 - EXAMINATION OF CHALLENGED JUROR.

19-2025. EXAMINATION OF CHALLENGED JUROR. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge, and must answer every question pertinent to the inquiry.
History:
[(19-2025) Cr. Prac. 1864, sec. 346, p. 253; R.S., R.C., & C.L., sec. 7841; C.S., sec. 8935; I.C.A., sec. 19-1925.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2026 - EXAMINATION OF WITNESSES.

19-2026. EXAMINATION OF WITNESSES. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge.
History:
[(19-2026) Cr. Prac. 1864, sec. 347, p. 254; R.S., R.C., & C.L., sec. 7842; C.S., sec. 8936; I.C.A., sec. 19-1926.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2027 - DISPOSITION OF CHALLENGE FOR BIAS.

19-2027. DISPOSITION OF CHALLENGE FOR BIAS. On the trial of a challenge for either implied or actual bias, the court must determine the law and the fact, and must either allow or disallow the challenge, and direct an entry accordingly upon the minutes.
History:
[(19-2027) Cr. Prac. 1864, secs. 348, 349, p. 254; R.S., sec. 7843; am. 1905, p. 9, sec. 1; reen. R.C. & C.L., sec. 7843; C.S., sec. 8937; I.C.A., sec. 19-1927.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2028 - EXHAUSTION OF CHALLENGES FOR CAUSE.

19-2028. EXHAUSTION OF CHALLENGES FOR CAUSE. All challenges to an individual juror, except peremptory, must be taken, first by the people, and then by the defendant, and each party must exhaust all his challenges for cause before the other begins.
History:
[(19-2028) Cr. Prac. 1864, sec. 351, p. 254; R.S., R.C., & C.L., sec. 7846; C.S., sec. 8938; I.C.A., sec. 19-1928.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2029 - ORDER OF CHALLENGES FOR CAUSE.

19-2029. ORDER OF CHALLENGES FOR CAUSE. The challenges of either party for cause need not all be taken at once, but they must be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class:
1. To the panel.
2. To an individual juror, for a general disqualification.
3. To an individual juror, for an implied bias.
4. To an individual juror, for an actual bias.
History:
[(19-2029) Cr. Prac. 1864, sec. 352, p. 254; R.S., R.C., & C.L., sec. 7847; C.S., sec. 8939; I.C.A., sec. 19-1929.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 20 - CHALLENGING THE JURY › Section 19-2030 - ALTERATION OF PEREMPTORY CHALLENGES.

19-2030. ALTERATION OF PEREMPTORY CHALLENGES. After the jury is passed for cause, both parties alternately, beginning with the people, may take their peremptory challenges. But no challenge is lost by failure to alternate if the panel is opened by the other party; and each party is entitled to a full panel before exercising a peremptory challenge. Provided, however, in the discretion of the court, the number of jurors who will hear the case, plus a number of jurors representing the total number of possible peremptory challenges, may be called and examined for cause before the parties begin to exercise their peremptory challenges.
History:
[(19-2030) Cr. Prac. 1864, sec. 353, p. 254; R.S., R.C., & C.L., sec. 7848; C.S., sec. 8940; I.C.A., sec. 19-1930; am. 1986, ch. 202, sec. 1, p. 505.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2101 - ORDER OF TRIAL.

19-2101. ORDER OF TRIAL. The jury having been impaneled and sworn, the trial must proceed in the following order:
1. If the indictment is for a felony, the clerk must read it and state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.
2. The prosecuting attorney or other counsel for the people must open the cause and offer the evidence in support of the indictment.
3. The defendant or his counsel may then open the defense and offer his evidence in support thereof.
4. The parties may then respectively offer rebutting testimony only, unless the court for good reason, in furtherance of justice, permit them to offer evidence upon their original case.
5. When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the prosecuting attorney or other counsel for the people must open, and the prosecuting attorney may conclude, the argument.
6. The judge must then charge the jury if requested by either party; he may state the testimony and declare the law, but must not charge the jury in respect to matters of fact; such charge must be reduced to writing before it is given, unless by the mutual consent of the parties it is given orally.
History:
[(19-2101) Cr. Prac. 1864, sec. 354, p. 255; R.S., R.C., & C.L., sec. 7855; C.S., sec. 8941; I.C.A., sec. 19-2001.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2102 - WHEN ORDER MAY BE DEPARTED FROM.

19-2102. WHEN ORDER MAY BE DEPARTED FROM. When the state of the pleadings requires it, or in any other case for good reasons, and in the sound discretion of the court, the order prescribed in the last section may be departed from.
History:
[(19-2102) Cr. Prac. 1864, sec. 355, p. 256; R.S., R.C., & C.L., sec. 7856; C.S., sec. 8942; I.C.A., sec. 19-2002.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2103 - ARGUMENT TO JURY.

19-2103. ARGUMENT TO JURY. If the indictment is for an offense punishable with death, two (2) counsel on each side may argue the cause to the jury. If it is for any other offense, the court may, in its discretion, restrict the argument to one (1) counsel on each side.
History:
[(19-2103) Cr. Prac. 1864, sec. 356, p. 256; R.S., R.C., & C.L., sec. 7857; C.S., sec. 8943; I.C.A., sec. 19-2003.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2104 - PRESUMPTION OF INNOCENCE — REASONABLE DOUBT.

19-2104. PRESUMPTION OF INNOCENCE — REASONABLE DOUBT. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal.
History:
[19-2104, added 1972, ch. 336, sec. 8, p. 987.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2105 - DOUBT AS TO DEGREE OF CRIME.

19-2105. DOUBT AS TO DEGREE OF CRIME. When it appears that the defendant has committed a public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of such degrees only.
History:
[19-2105, added 1972, ch. 336, sec. 8, p. 987.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2106 - TRIAL OF JOINT DEFENDANTS.

19-2106. TRIAL OF JOINT DEFENDANTS. When two (2) or more defendants are jointly indicted or informed against for a felony or for any criminal offense, the defendants may be tried separately or jointly, in the discretion of the court.
History:
[19-2106, added 1972, ch. 336, sec. 8, p. 988.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2107 - DISCHARGE OF CODEFENDANT FOR USE AS WITNESS.

19-2107. DISCHARGE OF CODEFENDANT FOR USE AS WITNESS. When two (2) or more persons are included in the same indictment, the court may, at any time before the defendants have gone into their defense, on the application of the prosecuting attorney, direct any defendant to be discharged from the indictment, that he may be a witness for the people.
History:
[19-2107, added 1972, ch. 336, sec. 8, p. 988.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2108 - DISCHARGE OF DEFENDANT TO TESTIFY FOR CODEFENDANTS.

19-2108. DISCHARGE OF DEFENDANT TO TESTIFY FOR CODEFENDANTS. When two (2) or more persons are included in the same indictment, and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it must order him to be discharged from the indictment before the evidence is closed, that he may be a witness for his codefendants.
History:
[19-2108, added 1972, ch. 336, sec. 8, p. 988.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2109 - DISCHARGE EQUIVALENT TO ACQUITTAL.

19-2109. DISCHARGE EQUIVALENT TO ACQUITTAL. The order mentioned in the last two (2) sections is an acquittal of the defendant discharged, and is a bar to another prosecution for the same offense.
History:
[19-2109, added 1972, ch. 336, sec. 8, p. 988.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2110 - RULES OF EVIDENCE.

19-2110. RULES OF EVIDENCE. The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this code.
History:
[(19-2110) R.S., R.C., & C.L., sec. 7864; C.S., sec. 8950; I.C.A., sec. 19-2010.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2111 - CONSPIRACY — SUFFICIENCY OF EVIDENCE.

19-2111. CONSPIRACY — SUFFICIENCY OF EVIDENCE. Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be convicted unless one (1) or more overt acts are expressly alleged in the indictment, nor unless one (1) of the acts alleged is proved; but other overt acts not alleged in the indictment may be given in evidence.
History:
[19-2111, added 1972, ch. 336, sec. 8, p. 988.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2113 - BIGAMY — PROOF OF MARRIAGE.

19-2113. BIGAMY — PROOF OF MARRIAGE. Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases; and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge.
History:
[I.C., sec. 19-2113, as added by 1972, ch. 336, sec. 8, p. 988.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2114 - FORGING BANK BILLS — PROOF OF INCORPORATION — EXPERT WITNESSES.

19-2114. FORGING BANK BILLS — PROOF OF INCORPORATION — EXPERT WITNESSES. Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, or for passing or attempting to pass, or having in his possession, with intent to pass, any such forged bill or note, it is not necessary to prove the incorporation of such bank or company by the charter or act of incorporation, but it may be proved by a general reputation, and persons of skill are competent witnesses to prove that such bill or note is forged or counterfeited.
History:
[19-2114, added 1972, ch. 336, sec. 8, p. 988.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2115 - ABORTION AND ABDUCTION — CORROBORATING TESTIMONY.

19-2115. ABORTION AND ABDUCTION — CORROBORATING TESTIMONY. Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of eighteen (18) years, for the purpose of prostitution, or aiding or assisting therein, the defendant cannot be convicted upon the testimony of the woman upon or withwhom the offense was committed, unless she is corroborated by other evidence.
History:
[(19-2115) R.S., R.C., & C.L., sec. 7869; C.S., sec. 8955; I.C.A., sec. 19-2015.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2116 - FALSE PRETENSE — SUFFICIENCY OF EVIDENCE.

19-2116. FALSE PRETENSE — SUFFICIENCY OF EVIDENCE. Upon a trial for having with intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person, any money, personal property, or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language, unaccompanied by a false token or writing, unless the pretense or some note or memorandum thereof be in writing, subscribed by or in the hand writing of the defendant, or unless the pretense be proven by the testimony of two (2) witnesses, or that of one (1) witness and corroborating circumstances; but this section shall not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying, or receiving any money or property.
History:
[19-2116, added 1972, ch. 336, sec. 8, p. 989.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2117 - TESTIMONY OF ACCOMPLICE — CORROBORATION.

19-2117. TESTIMONY OF ACCOMPLICE — CORROBORATION. A conviction cannot be had on the testimony of an accomplice, unless he is corroborated by other evidence, which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
History:
[(19-2117) Cr. Prac. 1864, sec. 364, p. 256; R.S., R.C., & C.L., sec. 7871; C.S., sec. 8957; I.C.A., sec. 19-2017.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2118 - DISCHARGE OF JURY FOR WANT OF JURISDICTION, OR INSUFFICIENCY OF INDICTMENT.

19-2118. DISCHARGE OF JURY FOR WANT OF JURISDICTION, OR INSUFFICIENCY OF INDICTMENT. The court may direct the jury to be discharged where it appears that it has not jurisdiction of the offense, or that the facts charged in the indictment do not constitute an offense punishable by law.
History:
[(19-2118) Cr. Prac. 1864, sec. 367, p. 257; R.S., R.C., & C.L., sec. 7872; C.S., sec. 8958; I.C.A., sec. 19-2018.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2119 - DISCHARGE OF JURY FOR WANT OF JURISDICTION — OFFENSE COMMITTED OUT OF STATE.

19-2119. DISCHARGE OF JURY FOR WANT OF JURISDICTION — OFFENSE COMMITTED OUT OF STATE. If the jury is discharged because the court has not jurisdiction of the offense charged in the indictment, and it appears that it was committed out of the jurisdiction of this state, the defendant must be discharged.
History:
[(19-2119) Cr. Prac. 1864, sec. 368, p. 257; R.S., R.C., & C.L., sec. 7873; C.S., sec. 8959; I.C.A., sec. 19-2019.]