reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 13 - INFORMATION AND PROCEEDINGS THEREON › Section 19-1302 - FILING AND ENDORSEMENT OF INFORMATION.

19-1302. FILING AND ENDORSEMENT OF INFORMATION. All informations shall be filed in the court having jurisdiction of the offense specified therein by the prosecuting attorney as informant to which he shall subscribe his name.
History:
[(19-1302) 1890-1891, p. 184, sec. 2; reen. 1899, p. 125, sec. 2; am. R.C., sec. 7656; am. 1913, ch. 41, p. 144; am. 1915, ch. 68, sec. 1, p. 176; reen. C.L., sec. 7656; C.S., sec. 8810; I.C.A., 19-1202; am. 1989, ch. 343, sec. 1, p. 867.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 13 - INFORMATION AND PROCEEDINGS THEREON › Section 19-1303 - STATEMENT OF OFFENSE CHARGED.

19-1303. STATEMENT OF OFFENSE CHARGED. The offense charged in all informations shall be stated with the same fullness and precision in matters of substance as is required in indictments in like cases, and in all cases defendant or defendants shall have the same rights as to proceedings therein as he or they would have if prosecuted for the same offense upon indictment.
History:
[(19-1303) 1890-1891, p. 184, sec. 3; am. 1893, p. 164, sec. 1; reen. 1899, p. 125, sec. 3; reen. R.C. & C.L., sec. 7657; C.S., sec. 8811; I.C.A., sec. 19-1203.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 13 - INFORMATION AND PROCEEDINGS THEREON › Section 19-1304 - PROVISIONS CONCERNING INDICTMENT APPLICABLE TO INFORMATION.

19-1304. PROVISIONS CONCERNING INDICTMENT APPLICABLE TO INFORMATION. The provisions of this code in relation to indictments, and all other provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials and punishments, or the execution of any sentence, and to all other proceedings in cases of indictment, whether in the court of original or appellate jurisdiction, shall in the same manner and to the same extent, as near as may be, apply to informations and all prosecutions and proceedings thereon.
History:
[(19-1304) 1890-1891, p. 184, sec. 4; reen. 1899, p. 125, sec. 4; am. R.C. & C.L., sec. 7658; C.S., sec. 8812; I.C.A., sec. 19-1204.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 13 - INFORMATION AND PROCEEDINGS THEREON › Section 19-1305 - COMMITMENT AND BAIL PENDING INFORMATION.

19-1305. COMMITMENT AND BAIL PENDING INFORMATION. Any person who may according to law be committed to jail, or become recognized or held to bail with sureties for his appearance in court to answer to any indictment may, in like manner, so be committed to jail or become recognized and held to bail for his appearance to answer to any information or indictment, as the case may be.
History:
[(19-1305) 1890-1891, p. 184, sec. 5; reen. 1899, p. 125, sec. 5; reen. R.C. & C.L., sec. 7659; C.S., sec. 8813; I.C.A., sec. 19-1205.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 13 - INFORMATION AND PROCEEDINGS THEREON › Section 19-1306 - PROSECUTING ATTORNEY TO INQUIRE INTO FACTS.

19-1306. PROSECUTING ATTORNEY TO INQUIRE INTO FACTS. It shall be the duty of the prosecuting attorney to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination as provided by law, touching the commission of any offense wherein the offender shall be committed to jail or become recognized or held to bail, and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe and file with the clerk of the court a statement in writing containing his reasons, in fact and in law, for not filing an information in such case, and such statement shall be filed at and during the term of court at which the offender shall be held for his appearance: provided, that in such case such court may examine said statement, together with the evidence filed in the case; and if, upon such examination, the court shall not be satisfied with said statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.
History:
[(19-1306) 1890-1891, p. 184, sec. 6; reen. 1899, p. 125, sec. 6; reen. R.C. & C.L., sec. 7660; C.S., sec. 8814; I.C.A., sec. 19-1206.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 13 - INFORMATION AND PROCEEDINGS THEREON › Section 19-1307 - GRAND JURY TO BE DRAWN ONLY BY DIRECTION OF JUDGE.

19-1307. GRAND JURY TO BE DRAWN ONLY BY DIRECTION OF JUDGE. Grand juries shall not hereafter be drawn, summoned, or required to attend at the sittings of any court within the state, as provided by law, unless the judge thereof shall so direct in writing, under his hand, and filed with the clerk of said court.
History:
[(19-1307) 1890-1891, p. 184, sec. 7; reen. 1899, p. 125, sec. 7; reen. R.C. & C.L., sec. 8815; I.C.A., sec. 19-1207.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 13 - INFORMATION AND PROCEEDINGS THEREON › Section 19-1308 - PRELIMINARY EXAMINATION NECESSARY.

19-1308. PRELIMINARY EXAMINATION NECESSARY. No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor, as provided by law, before a justice of the peace, or other examining magistrate or officer, unless such person shall waive his right to such examination: provided, that information may be filed without such examination against fugitives from justice, and any fugitive from justice against whom an information shall be filed may be demanded by the governor of this state of the executive authority of any other state or territory, or of any foreign government, in the same manner, and the same proceedings may be had thereon, as provided by law in like cases of demand upon indictment filed.
History:
[(19-1308) 1890-1891, p. 184, sec. 8; reen. 1899, p. 125, sec. 8; reen. R.C. & C.L., sec. 7662; C.S., sec. 8816; I.C.A., sec. 19-1208.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1401 - INDICTMENT, HOW FOUND.

19-1401. INDICTMENT, HOW FOUND. An indictment cannot be found without the concurrence of at least twelve (12) grand jurors. When so found it must be endorsed, a true bill, and the endorsement must be signed by the foreman of the grand jury.
History:
[(19-1401) Cr. Prac. 1864, sec. 225, p. 241; R.S., R.C., & C.L., sec. 7665; C.S., sec. 8817; I.C.A., sec. 19-1301.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1402 - FAILURE TO FIND INDICTMENT — RETURN OF DEPOSITIONS.

19-1402. FAILURE TO FIND INDICTMENT — RETURN OF DEPOSITIONS. If twelve (12) grand jurors do not concur in finding an indictment against a defendant who has been held to answer, the depositions, if any, transmitted to them must be returned to the court, with an indorsement thereon, signed by the foreman, to the effect that the charge is dismissed.
History:
[(19-1402) Cr. Prac. 1864, sec. 226, p. 241; R.S., R.C., & C.L., sec. 7666; C.S., sec. 8818; I.C.A., sec. 19-1302.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1403 - RESUBMISSION OF CHARGE AFTER DISMISSAL.

19-1403. RESUBMISSION OF CHARGE AFTER DISMISSAL. The dismissal of the charge does not prevent its resubmission to a grand jury as often as the court may direct, but without such direction it cannot be resubmitted.
History:
[(19-1403) Cr. Prac. 1864, sec. 227, p. 241; R.S., R.C., & C.L., sec. 7667; C.S., sec. 8819; I.C.A., sec. 19-1303.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1404 - ENDORSEMENT OF NAMES OF WITNESSES.

19-1404. ENDORSEMENT OF NAMES OF WITNESSES. When an indictment is found, the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, must be inserted at the foot of the indictment, or endorsed thereon, before it is presented to the court.
History:
[(19-1404) Cr. Prac. 1864, sec. 228, p. 241; R.S., R.C., & C.L., sec. 7668; C.S., sec. 8820; I.C.A., sec. 19-1304.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1405 - PRESENTMENT AND FILING OF INDICTMENT.

19-1405. PRESENTMENT AND FILING OF INDICTMENT. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk.
History:
[(19-1405) Cr. Prac. 1864, sec. 229, p. 241; R.S., R.C., & C.L., sec. 7669; C.S., sec. 8821; I.C.A., sec. 19-1305.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1406 - INDICTMENT OF DEFENDANT NOT IN CUSTODY.

19-1406. INDICTMENT OF DEFENDANT NOT IN CUSTODY. When an indictment is found against a defendant not in custody, the same proceedings must be had as are described by sections 19-1501 to 19-1516, against a defendant who fails to appear for arraignment.
History:
[(19-1406) Cr. Prac. 1864, sec. 230, p. 241; R.S., R.C., & C.L., sec. 7670; C.S., sec. 8822; I.C.A., sec. 19-1306.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1407 - RULES OF PLEADING.

19-1407. RULES OF PLEADING. All the forms of pleading in criminal actions, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by this code.
History:
[(19-1407) Cr. Prac. 1864, sec. 231, p. 241; R.S., R.C., & C.L., sec. 7675; C.S., sec. 8823; I.C.A., sec. 19-1307.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1408 - FIRST PLEADING IS INDICTMENT.

19-1408. FIRST PLEADING IS INDICTMENT. The first pleading on the part of the people is the indictment.
History:
[(19-1408) Cr. Prac. 1864, sec. 232, p. 242; R.S., R.C., & C.L., sec. 7676; C.S., sec. 8824; I.C.A., sec. 19-1308.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1409 - REQUIREMENTS OF INDICTMENT.

19-1409. REQUIREMENTS OF INDICTMENT. The indictment must contain:
1. The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties.
2. A statement of the acts constituting the offense in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
History:
[(19-1409) Cr. Prac. 1864, sec. 233, p. 242; R.S., R.C., & C.L., sec. 7677; C.S., sec. 8825; I.C.A., sec. 19-1309.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1410 - FORM OF INDICTMENT.

19-1410. FORM OF INDICTMENT. It may be substantially in the following form:
The state of Idaho against A.B., in the district court of the …. judicial district, in the county of ….. …. term, …..
A.B. is accused by the grand jury of the county of …. by this indictment, of the crime of (giving its legal appellation, such as murder, arson, or the like), committed as follows:
The said A.B., on the …. day of …., …., at the county of …., (here set forth the act or omission charged as an offense).
History:
[(19-1410) Cr. Prac. 1864, sec. 234, p. 242; R.S., R.C., & C.L., sec. 7678; C.S., sec. 8826; I.C.A., sec. 19-1310; am. 2002, ch. 32, sec. 3, p. 48.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1411 - CERTAINTY REQUIRED OF INDICTMENT.

19-1411. CERTAINTY REQUIRED OF INDICTMENT. It must be direct and certain as it regards:
1. The party charged.
2. The offense charged.
3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense.
History:
[(19-1411) Cr. Prac. 1864, sec. 235, p. 242; R.S., R.C., & C.L., sec. 7679; C.S., sec. 8827; I.C.A., sec. 19-1311.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1412 - INDICTMENT BY FICTITIOUS NAME.

19-1412. INDICTMENT BY FICTITIOUS NAME. When a defendant is indicted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, referring to the fact of his being indicted by the name mentioned in the indictment.
History:
[(19-1412) Cr. Prac. 1864, sec. 236, p. 242; R.S., R.C., & C.L., sec. 7680; C.S., sec. 8828; I.C.A., sec. 19-1312.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1414 - ALLEGATION AS TO TIME.

19-1414. ALLEGATION AS TO TIME. The precise time at which the offense was committed need not be stated in the indictment; but it may be alleged to have been committed at any time before the finding thereof, except where the time is a material ingredient in the offense.
History:
[(19-1414) Cr. Prac. 1864, sec. 238, p. 242; R.S., R.C., & C.L., sec. 7682; C.S., sec. 8830; I.C.A., sec. 19-1314.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1415 - ERRONEOUS DESIGNATION OF PERSON INJURED.

19-1415. ERRONEOUS DESIGNATION OF PERSON INJURED. When an offense involves the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material.
History:
[(19-1415) Cr. Prac. 1864, sec. 239, p. 242; R.S., R.C., & C.L., sec. 7683; C.S., sec. 8831; I.C.A., sec. 19-1315.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1416 - CONSTRUCTION OF WORDS.

19-1416. CONSTRUCTION OF WORDS. The words used in an indictment are construed in their usual acceptance in common language, except such words and phrases as are defined by law, which are construed according to their legal meaning.
History:
[(19-1416) Cr. Prac. 1864, sec. 240, p. 242; R.S., R.C., & C.L., sec. 7684; C.S., sec. 8832; I.C.A., sec. 19-1316.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1417 - WORDS OF STATUTE.

19-1417. WORDS OF STATUTE. Words used in a statute to define a public offense need not be strictly pursued in the indictment; but other words conveying the same meaning may be used.
History:
[(19-1417) Cr. Prac. 1864, sec. 241, p. 242; R.S., R.C., & C.L., sec. 7685; C.S., sec. 8833; I.C.A., sec. 19-1317.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1418 - SUFFICIENCY OF INDICTMENT.

19-1418. SUFFICIENCY OF INDICTMENT. The indictment is sufficient if it can be understood therefrom:
1. That it is entitled in a court having authority to receive it, though the name of the court be not stated.
2. That it was found by a grand jury of the county in which the court was held.
3. That the defendant is named, or, if his name cannot be discovered that he is described by a fictitious name, with a statement that his true name is to the jury unknown.
4. That the offense was committed at some place within the jurisdiction of the court, except where the act, though done without the local jurisdiction of the county, is triable therein.
5. That the offense was committed at some time prior to the time of finding the indictment.
6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
7. That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon conviction, according to the right of the case.
History:
[(19-1418) Cr. Prac. 1864, sec. 242, p. 243; R.S., R.C., & C.L., sec. 7686; C.S., sec. 8834; I.C.A., sec. 19-1318.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1419 - DEFECTS OF FORM.

19-1419. DEFECTS OF FORM. No indictment is insufficient, nor can the trial, judgment, or other proceeding thereon, be affected, by reason of any defect or imperfection in matter of form, which does not tend to the prejudice of a substantial right of the defendant upon its merits.
History:
[(19-1419) Cr. Prac. 1864, sec. 243, p. 243; R.S., R.C., & C.L., sec. 7687; C.S., sec. 8835; I.C.A., sec. 19-1319.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1420 - AMENDMENT OF INDICTMENT.

19-1420. AMENDMENT OF INDICTMENT. An indictment or information may be amended by the prosecuting attorney without leave of the court, at any time before the defendant pleads, and at any time thereafter, in the discretion of the court, where it can be done without prejudice to the substantial rights of the defendant. An information or indictment cannot be amended so as to charge an offense other than that for which the defendant has been held to answer.
History:
[(19-1420) C.S., sec. 8835-A as added by 1929, ch. 72, sec. 1, p. 110; I.C.A., sec. 19-1320.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1421 - PRESUMPTIONS AND FACTS JUDICIALLY NOTICED.

19-1421. PRESUMPTIONS AND FACTS JUDICIALLY NOTICED. Neither presumptions of law nor matters of which judicial notice is taken, need be stated in an indictment.
History:
[(19-1421) Cr. Prac. 1864, sec. 244, p. 243; R.S., R.C., & C.L., sec. 7688; C.S., sec. 8836; I.C.A., sec. 19-1321.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1422 - PLEADING JUDGMENTS.

19-1422. PLEADING JUDGMENTS. In pleading a judgment or other determination of, or proceeding before, a court or officer of special jurisdiction, it is not necessary to state the facts constituting jurisdiction; but the judgment or determination may be stated as given or made, or the proceedings had. The facts constituting jurisdiction, however, must be established on the trial.
History:
[(19-1422) Cr. Prac. 1864, sec. 245, p. 243; R.S., R.C., & C.L., sec. 7689; C.S., sec. 8837; I.C.A., sec. 19-1322.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1423 - PLEADING PRIVATE STATUTES.

19-1423. PLEADING PRIVATE STATUTES. In pleading a private statute, or a right derived therefrom, it is sufficient to refer to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof.
History:
[(19-1423) Cr. Prac. 1864, sec. 246, p. 243; R.S., R.C., & C.L., sec. 7690; C.S., sec. 8838; I.C.A., sec. 19-1323.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1424 - INDICTMENT FOR LIBEL.

19-1424. INDICTMENT FOR LIBEL. An indictment for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled, or of the defamatory matter on which the indictment is founded; but it is sufficient to state generally that the same was published concerning him, and the fact that it was so published must be established on the trial.
History:
[(19-1424) Cr. Prac. 1864, sec. 247, p. 243; R.S., R.C., & C.L., sec. 7691; C.S., sec. 8839; I.C.A., sec. 19-1324.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1425 - MISDESCRIPTION OF FORGED INSTRUMENT.

19-1425. MISDESCRIPTION OF FORGED INSTRUMENT. When an instrument which is the subject of an indictment for forgery has been destroyed or withheld by the act or the procurement of the defendant, and the fact of such destruction or withholding is alleged in the indictment and established on the trial, the misdescription of the instrument is immaterial.
History:
[(19-1425) Cr. Prac. 1864, sec. 248, p. 243; R.S., R.C., & C.L., sec. 7692; C.S., sec. 8840; I.C.A., sec. 19-1325.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1426 - INDICTMENT FOR PERJURY.

19-1426. INDICTMENT FOR PERJURY. In an indictment for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court and before whom the oath alleged to be false was taken, and that the court, or the person before whom it was taken, had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.
History:
[(19-1426) Cr. Prac. 1864, sec. 249, p. 244; R.S., R.C., & C.L., sec. 7693; C.S., sec. 8841; I.C.A., sec. 19-1326.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1427 - INDICTMENT FOR LARCENY OR EMBEZZLEMENT.

19-1427. INDICTMENT FOR LARCENY OR EMBEZZLEMENT. In an indictment for the larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof.
History:
[(19-1427) R.S., R.C., & C.L., sec. 7694; C.S., sec. 8842; I.C.A., sec. 19-1327.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1428 - INDICTMENT FOR SELLING OBSCENE BOOKS.

19-1428. INDICTMENT FOR SELLING OBSCENE BOOKS. An indictment for exhibiting, publishing, passing, selling, or offering to sell, or having in possession, with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper, or writing; but it is sufficient to state generally the fact of the lewdness or obscenity thereof.
History:
[(19-1428) R.S., R.C., & C.L., sec. 7695; C.S., sec. 8843; I.C.A., sec. 19-1328.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1429 - CONVICTION OR ACQUITTAL OF SEVERAL DEFENDANTS.

19-1429. CONVICTION OR ACQUITTAL OF SEVERAL DEFENDANTS. Upon an indictment against several defendants, any one or more may be convicted or acquitted.
History:
[(19-1429) Cr. Prac. 1864, sec. 250, p. 244; R.S., R.C., & C.L., sec. 7696; C.S., sec. 8844; I.C.A., sec. 19-1329.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1430 - DISTINCTION BETWEEN ACCESSORIES AND PRINCIPALS ABOLISHED.

19-1430. DISTINCTION BETWEEN ACCESSORIES AND PRINCIPALS ABOLISHED. The distinction between an accessory before the fact and a principal and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals, and no other facts need be alleged in any indictment against such an accessory than are required in an indictment against his principal.
History:
[(19-1430) Cr. Prac. 1864, sec. 251, p. 244; R.S., R.C., & C.L., sec. 7697; C.S., sec. 8845; I.C.A., sec. 19-1330.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1431 - TRIAL OF ACCESSORIES WITHOUT PRINCIPAL.

19-1431. TRIAL OF ACCESSORIES WITHOUT PRINCIPAL. An accessory to the commission of a felony may be indicted, tried, and punished, though the principal may be neither indicted nor tried.
History:
[(19-1431) Cr. Prac. 1864, sec. 252, p. 244; R.S., R.C., & C.L., sec. 7698; C.S., sec. 8846; I.C.A., sec. 19-1331.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1432 - CHARGING TWO OR MORE OFFENSES IN SAME INDICTMENT.

19-1432. CHARGING TWO OR MORE OFFENSES IN SAME INDICTMENT. Two (2) or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character or are based on the same act or transaction or on two (2) or more acts or transactions connected together or constituting parts of a common scheme or plan.
History:
[I.C., sec. 19-1432, as added by 1972, ch. 336, sec. 6, p. 987.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 14 - INDICTMENT › Section 19-1433 - UNNECESSARY TO NEGATE STATUTORY DEFENSES IN CERTAIN CASES.

19-1433. UNNECESSARY TO NEGATE STATUTORY DEFENSES IN CERTAIN CASES. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any of the provisions of chapters 22, 25, 27, 28, 29, 30, 31, 32, or 33, title 37, Idaho Code, it shall not be necessary to negate any exception, excuse, proviso, or exemption, contained in those chapters, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
History:
[19-1433, added 1970, ch. 186, sec. 1, p. 540.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1501 - PLACE OF ARRAIGNMENT.

19-1501. PLACE OF ARRAIGNMENT. When the indictment is filed, the defendant must be arraigned thereon before the court in which it is found.
History:
[(19-1501) Cr. Prac. 1864, sec. 254, p. 244; R.S., R.C., & C.L., sec. 7710; C.S., sec. 8847; I.C.A., sec. 19-1401.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1502 - PRESENCE OF DEFENDANT.

19-1502. PRESENCE OF DEFENDANT. If the indictment is for a felony the defendant must be personally present; but if for a misdemeanor, he may appear upon the arraignment by counsel.
History:
[(19-1502) Cr. Prac. 1864, sec. 255, p. 244; R.S., R.C., & C.L., sec. 7711; C.S., sec. 8848; I.C.A., sec. 19-1402.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1503 - ORDER FOR PRODUCTION OF DEFENDANT.

19-1503. ORDER FOR PRODUCTION OF DEFENDANT. When his personal appearance is necessary, if he is in custody, the court may direct and the officer in whose custody he is must bring him before it to be arraigned.
History:
[(19-1503) Cr. Prac. 1864, sec. 256, p. 244; R.S., R.C., & C.L., sec. 7712; C.S., sec. 8849; I.C.A., sec. 19-1403.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1504 - ISSUANCE OF BENCH WARRANT.

19-1504. ISSUANCE OF BENCH WARRANT. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear to be arraigned when his personal attendance is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench warrant for his arrest.
History:
[(19-1504) Cr. Prac. 1864, sec. 257, p. 244; R.S., R.C., & C.L., sec. 7713; C.S., sec. 8850; I.C.A., sec. 19-1404.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1505 - CLERK TO ISSUE WARRANT.

19-1505. CLERK TO ISSUE WARRANT. The clerk, on the application of the prosecuting attorney, may, at any time after the order, whether the court is sitting or not, issue a bench warrant to one (1) or more counties.
History:
[(19-1505) Cr. Prac. 1864, sec. 258, p. 245; R.S., R.C., & C.L., sec. 7714; C.S., sec. 8851; I.C.A., sec. 19-1405.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1506 - FORM OF BENCH WARRANT.

19-1506. FORM OF BENCH WARRANT. The bench warrant upon the indictment must, if the offense be a felony, be substantially in the following form:
County of …..
The state of Idaho, to any sheriff, constable, marshal or policeman of this state:
An indictment having been found on the …. day of …., …., in the district court of the …. judicial district, in and for the county of …., charging C.D. with the crime of …. (designating it generally); you are therefore commanded forthwith to arrest the above named C.D., and bring him before that court to answer said indictment; or if the court has adjourned for the term, that you deliver him into the custody of the sheriff of the county of …..
Given under my hand with the seal of said court affixed, this …. day of …., …..
By order of said court.
(Seal.)
History:
[(19-1506) Cr. Prac. 1864, sec. 259, p. 245; R.S., R.C., & C.L., sec. 7715; C.S., sec. 8852; I.C.A., sec. 19-1406; am. 2002, ch. 32, sec. 4, p. 48.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1507 - BAIL.

19-1507. BAIL. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody of the sheriff of the county in which the indictment is found, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench warrant a direction to the following effect, "or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer to the indictment"; and the court, upon directing it to issue, must fix the amount of bail, and an endorsement must be made thereon and signed by the clerk, to the following effect: "The defendant is to be admitted to bail in the sum of …. dollars."
History:
[(19-1507) Cr. Prac. 1864, secs. 260-262, p. 245; R.S., R.C., & C.L., sec. 7716; C.S., sec. 8853; I.C.A., sec. 19-1407.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1508 - SERVICE OF WARRANT.

19-1508. SERVICE OF WARRANT. The bench warrant may be served in any county, in the same manner as a warrant of arrest.
History:
[(19-1508) Cr. Prac. 1864, sec. 263, p. 245; R.S., R.C., & C.L., sec. 7717; C.S., sec. 8854; I.C.A., sec. 19-1408.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1509 - PROCEEDINGS ON GIVING BAIL.

19-1509. PROCEEDINGS ON GIVING BAIL. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings must be had thereon.
History:
[(19-1509) Cr. Prac. 1864, sec. 264, p. 245; R.S., R.C., & C.L., sec. 7718; C.S., sec. 8855; I.C.A., sec. 19-1409.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1510 - INCREASING BAIL.

19-1510. INCREASING BAIL. When the indictment is for a felony and the defendant, before the finding thereof, has given bail for his appearance to answer the charge, the court to which the indictment is presented may order the defendant to be committed to actual custody, unless he gives bail in an increased amount, to be specified in the order.
History:
[(19-1510) Cr. Prac. 1864, sec. 265, p. 245; R.S., R.C., & C.L., sec. 7719; C.S., sec. 8856; I.C.A., sec. 19-1410.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1511 - COMMITMENT OF DEFENDANT.

19-1511. COMMITMENT OF DEFENDANT. If the defendant is present when the order is made he must be forthwith committed. If he is not present a bench warrant must be issued and proceeded upon in the manner provided in this chapter.
History:
[(19-1511) Cr. Prac. 1864, sec. 266, p. 246; R.S., R.C., & C.L., sec. 7720; C.S., sec. 8857; I.C.A., sec. 19-1411.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1512 - RIGHT TO COUNSEL.

19-1512. RIGHT TO COUNSEL. If the defendant appears for arraignment without counsel he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel.
History:
[(19-1512) Cr. Prac. 1864, sec. 267, p. 246; R.S., R.C. & C.L., sec. 7721; C.S., sec. 8858; I.C.A., sec. 19-1412; am. 1967, ch. 181, sec. 20, p. 599.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1514 - ARRAIGNMENT, HOW MADE.

19-1514. ARRAIGNMENT, HOW MADE. The arraignment must be made by the court, or by the clerk or prosecuting attorney, under its direction, and consists in reading the indictment to the defendant and delivering to him a copy thereof and of the endorsements thereon, including the list of witnesses, and asking him whether he pleads guilty or not guilty to the indictment.
History:
[(19-1514) Cr. Prac. 1864, sec. 268, p. 246; R.S., R.C., & C.L., sec. 7722; C.S., sec. 8860; I.C.A., sec. 19-1414.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1515 - QUESTION AS TO TRUE NAME OF DEFENDANT.

19-1515. QUESTION AS TO TRUE NAME OF DEFENDANT. When the defendant is arraigned he must be informed that if the name by which he is indicted is not his true name, he must then declare his true name, or be proceeded against by the name in the indictment. If he gives no other name the court may proceed accordingly; but if he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the indictment may be had against him by that name, referring also to the name by which he is indicted.
History:
[(19-1515) Cr. Prac. 1864, secs. 269-271, p. 246; R.S., R.C., & C.L., sec. 7723; C.S., sec. 8861; I.C.A., sec. 19-1415.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 15 - ARRAIGNMENT › Section 19-1516 - TIME ALLOWED FOR ANSWER.

19-1516. TIME ALLOWED FOR ANSWER. If, on the arraignment, the defendant requires it, he must be allowed a reasonable time, not less than one (1) day, to answer the indictment. He may, in answer to the arraignment, move to set aside, demur, or plead to, the indictment.
History:
[(19-1516) Cr. Prac. 1864, secs. 272, 273, p. 246; R.S., R.C., & C.L., sec. 7724; C.S., sec. 8862; I.C.A., sec. 19-1416.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 16 - SETTING ASIDE INDICTMENT › Section 19-1601 - GROUNDS FOR SETTING ASIDE INDICTMENT.

19-1601. GROUNDS FOR SETTING ASIDE INDICTMENT. The indictment must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases:
1. When it is not found, endorsed and presented as prescribed in this code.
2. When the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, are not inserted at the foot of the indictment, or endorsed thereon.
3. When a person is permitted to be present during the session of the grand jury, and when the charge embraced in the indictment is under consideration, except as provided in chapter 11 of this title.
4. When the defendant has not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror.
History:
[(19-1601) Cr. Prac. 1864, secs. 274, 275, pp. 246 and 247; R.S., R.C., & C.L., sec. 7730; C.S., sec. 8863; I.C.A., sec. 19-1501; am. 1970, ch. 60, sec. 3, p. 146; am. 2003, ch. 140, sec. 1, p. 408.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 16 - SETTING ASIDE INDICTMENT › Section 19-1602 - WAIVER OF OBJECTIONS.

19-1602. WAIVER OF OBJECTIONS. If the motion to set aside the indictment is not made the defendant is precluded from afterward taking the objections mentioned in the last section.
History:
[(19-1602) Cr. Prac. 1864, sec. 276, p. 247; R.S., R.C., & C.L., sec. 7731; C.S., sec. 8864; I.C.A., sec. 19-1502.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 16 - SETTING ASIDE INDICTMENT › Section 19-1603 - HEARING AND DISPOSITION OF MOTION.

19-1603. HEARING AND DISPOSITION OF MOTION. The motion must be heard at the time it is made, unless for cause the court postpones the hearing to another time. If the motion is denied, the defendant must immediately answer the indictment, either by demurring or pleading thereto. If the motion is granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that the case be resubmitted to the same or another grand jury.
History:
[(19-1603) Cr. Prac. 1864, secs. 277-279, p. 247; R.S., R.C., & C.L., sec. 7732; C.S., sec. 8865; I.C.A., sec. 19-1503.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 16 - SETTING ASIDE INDICTMENT › Section 19-1604 - ORDER FOR RESUBMISSION.

19-1604. ORDER FOR RESUBMISSION. If the court directs the case to be resubmitted, the defendant, if already in custody, must so remain, unless he is admitted to bail; or, if already admitted to bail, or money has been deposited instead thereof, the bail or money is answerable for the appearance of the defendant to answer a new indictment; and, unless a new indictment is found before the next grand jury of the county is discharged, the court must, on the discharge of such grand jury, make the order prescribed by the preceding section.
History:
[(19-1604) Cr. Prac. 1864, secs. 280, p. 247, 281; R.S., R.C., & C.L., sec. 7733; C.S., sec. 8866; I.C.A., sec. 19-1504.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 16 - SETTING ASIDE INDICTMENT › Section 19-1605 - ORDER NO BAR TO FUTURE PROSECUTION.

19-1605. ORDER NO BAR TO FUTURE PROSECUTION. An order to set aside an indictment, as provided in this chapter, is no bar to a future prosecution for the same offense.
History:
[(19-1605) Cr. Prac. 1864, sec. 282, p. 247; R.S., R.C., & C.L., sec. 7734; C.S., sec. 8867; I.C.A., sec. 19-1505.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1701 - DEMURRER OR PLEA.

19-1701. DEMURRER OR PLEA. The only pleading on the part of the defendant is either a demurrer or a plea.
History:
[(19-1701) Cr. Prac. 1864, sec. 283, p. 247; R.S., R.C., & C.L., sec. 7740; C.S., sec. 8868; I.C.A., sec. 19-1601.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1702 - DEMURRER OR PLEA — WHEN INTERPOSED.

19-1702. DEMURRER OR PLEA — WHEN INTERPOSED. Both the demurrer and plea must be put in, in open court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose.
History:
[(19-1702) Cr. Prac. 1864, sec. 284, p. 247; R.S., R.C., & C.L., sec. 7741; C.S., sec. 8869; I.C.A., sec. 19-1602.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1703 - GROUND FOR DEMURRER.

19-1703. GROUND FOR DEMURRER. The defendant may demur to the indictment when it appears upon the face thereof, either:
1. That the grand jury by which it was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of the county.
2. That it does not substantially conform to the requirements of sections 19-1409, 19-1410 and 19-1411.
3. That more than one offense is charged in the indictment.
4. That the facts stated do not constitute a public offense.
5. That the indictment contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.
History:
[(19-1703) Cr. Prac. 1864, sec. 285, p. 247; R.S., R.C., & C.L., sec. 7742; C.S., sec. 8870; I.C.A., sec. 19-1603.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1704 - FORM OF DEMURRER.

19-1704. FORM OF DEMURRER. The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to the indictment, or it must be disregarded.
History:
[(19-1704) Cr. Prac. 1864, sec. 286, p. 248; R.S., R.C., & C.L., sec. 7743; C.S., sec. 8871; I.C.A., sec. 19-1604.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1705 - ARGUMENT ON DEMURRER.

19-1705. ARGUMENT ON DEMURRER. Upon the demurrer being filed, the argument upon the objections presented thereby must be heard, either immediately or at such time as the court may appoint.
History:
[(19-1705) Cr. Prac. 1864, sec. 287, p. 248; R.S., R.C., & C.L., sec. 7744; C.S., sec. 8872; I.C.A., sec. 19-1605.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1706 - JUDGMENT ON DEMURRER.

19-1706. JUDGMENT ON DEMURRER. Upon considering the demurrer, the court must give judgment either allowing or disallowing it, and an order to that effect must be entered upon the minutes.
History:
[(19-1706) Cr. Prac. 1864, sec. 288, p. 248; R.S., R.C., & C.L., sec. 7745; C.S., sec. 8873; I.C.A., sec. 19-1606.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1707 - EFFECT OF JUDGMENT.

19-1707. EFFECT OF JUDGMENT. If the demurrer is allowed, the judgment is final upon the indictment demurred to, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new indictment, directs the case to be resubmitted to the same or another grand jury.
History:
[(19-1707) Cr. Prac. 1864, sec. 289, p. 248; R.S., R.C., & C.L., sec. 7746; C.S., sec. 8874; I.C.A., sec. 19-1607.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1708 - DISCHARGE OF DEFENDANT.

19-1708. DISCHARGE OF DEFENDANT. If the court does not direct the case to be resubmitted, the defendant, if in custody, must be discharged, or if admitted to bail, his bail is exonerated, or if he has deposited money instead of bail, the money must be refunded to him.
History:
[(19-1708) Cr. Prac. 1864, sec. 290, p. 248; R.S., R.C., & C.L., sec. 7747; C.S., sec. 8875; I.C.A., sec. 19-1608.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1709 - RESUBMISSION OF CHARGE.

19-1709. RESUBMISSION OF CHARGE. If the court directs that the case be resubmitted, the same proceedings must be had thereon as when the indictment is set aside on motion.
History:
[(19-1709) Cr. Prac. 1864, sec. 291, p. 248; R.S., R.C., & C.L., sec. 7748; C.S., sec. 8876; I.C.A., sec. 19-1609.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1710 - PLEA AFTER DISALLOWANCE.

19-1710. PLEA AFTER DISALLOWANCE. If the demurrer is disallowed, the court must permit the defendant at his election to plead, which he must do forthwith, or at such time as the court may direct. If he does not plead, the plea of not guilty must be entered for him.
History:
[(19-1710) Cr. Prac. 1864, sec. 292, p. 248; R.S., R.C., & C.L., sec. 7749; C.S., sec. 8877; I.C.A., sec. 19-1610.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1711 - OBJECTIONS MUST BE TAKEN BY DEMURRER.

19-1711. OBJECTIONS MUST BE TAKEN BY DEMURRER. When the objections declared grounds of demurrer by this chapter appear upon the face of the indictment, they can only be taken by demurrer, except that the objections to the jurisdiction of the court over the subject of the indictment, or that the facts stated do not constitute a public offense, may be taken at the trial under the plea of not guilty, or after the trial in arrest of judgment.
History:
[(19-1711) Cr. Prac. 1864, sec. 293, p. 248; R.S., R.C., & C.L., sec. 7750; C.S., sec. 8878; I.C.A., sec. 19-1611.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1712 - KINDS OF PLEAS.

19-1712. KINDS OF PLEAS. There are four (4) kinds of pleas to an indictment. A plea of:
1. Guilty.
2. Not guilty.
3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or without the plea of not guilty.
4. Once in jeopardy.
History:
[(19-1712) Cr. Prac. 1864, sec. 294, p. 248; R.S., R.C., & C.L., sec. 7755; C.S., sec. 8879; I.C.A., sec. 19-1612.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1713 - FORM OF PLEAS.

19-1713. FORM OF PLEAS. Every plea must be oral, and entered upon the minutes of the court in substantially the following form:
1. If the defendant pleads guilty: "The defendant pleads that he is guilty of the offense charged."
2. If he pleads not guilty: "The defendant pleads that he is not guilty of the offense charged."
3. If he pleads a former conviction or acquittal: "The defendant pleads that he has already been convicted (or acquitted) of the offense charged by the judgment of the court of …. (naming it) rendered at …. (naming the place), on the …. day of ….."
4. If he pleads once in jeopardy: "The defendant pleads that he has been once in jeopardy for the offense charged (specifying the time, place and court)."
History:
[(19-1713) Cr. Prac. 1864, secs. 295, 296, p. 248; R.S., R.C., & C.L., sec. 7756; C.S., sec. 8880; I.C.A., sec. 19-1613.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1714 - PLEA OF GUILTY.

19-1714. PLEA OF GUILTY. A plea of guilty can be put in by the defendant himself only in open court, unless upon indictment against a corporation, in which case it may be put in by counsel. The court may at any time before judgment, upon a plea of guilty, permit it to be withdrawn and a plea of not guilty substituted: provided, that upon the application of the defendant, a plea of guilty may be received, and sentence may be passed, at chambers as provided in section 1-901.
History:
[(19-1714) Cr. Prac. 1864, secs. 297, 298, p. 249; R.S., sec. 7757; am. R.C. & C.L., sec. 7757; C.S., sec. 8881; I.C.A., sec. 19-1614.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1715 - PLEA OF NOT GUILTY.

19-1715. PLEA OF NOT GUILTY. The plea of not guilty puts in issue every material allegation of the indictment, information or complaint except that mental disease or defect excluding responsibility may be raised as a defense only in the manner provided for in this act.
History:
[(19-1715) Cr. Prac. 1864, sec. 299, p. 249; R.S., R.C., & C.L., sec. 7758; C.S., sec. 8882; I.C.A., sec. 19-1615; am. 1970, ch. 31, sec. 13, p. 61.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1716 - EVIDENCE ADMISSIBLE UNDER PLEA OF NOT GUILTY.

19-1716. EVIDENCE ADMISSIBLE UNDER PLEA OF NOT GUILTY. All matters of fact tending to establish a defense other than former conviction or acquittal, or once in jeopardy, may be given in evidence under the plea of not guilty.
History:
[(19-1716) Cr. Prac. 1864, sec. 300, p. 249; R.S., R.C., & C.L., sec. 7759; C.S., sec. 8883; I.C.A., sec. 19-1616.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1717 - WHAT IS NOT A FORMER ACQUITTAL.

19-1717. WHAT IS NOT A FORMER ACQUITTAL. If the defendant was formerly acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.
History:
[I.C., sec. 19-1717 as added by 1972, ch. 336, sec. 7, p. 987.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1718 - WHAT IS A FORMER ACQUITTAL.

19-1718. WHAT IS A FORMER ACQUITTAL. Whenever the defendant is acquitted on the merits he is acquitted of the same offense, notwithstanding any defect in form or substance in the indictment on which the trial was had.
History:
[I.C., sec. 19-1718 as added by 1972, ch. 336, sec. 7, p. 987.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1719 - CONVICTION OR ACQUITTAL BARS INCLUDED OFFENSES.

19-1719. CONVICTION OR ACQUITTAL BARS INCLUDED OFFENSES. When the defendant is convicted or acquitted, or has once been placed in jeopardy upon an indictment, the conviction, acquittal or jeopardy is a bar to another indictment for the offense charged in the former, or for an attempt to commit the same, or for an offense included therein, of which he might have been convicted under that indictment.
History:
[I.C., sec. 19-1719 as added by 1972, ch. 336, sec. 7, p. 987.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 17 - PLEADINGS BY DEFENDANT › Section 19-1720 - REFUSAL TO ANSWER.

19-1720. REFUSAL TO ANSWER. If the defendant refuses to answer the indictment by demurrer or plea, a plea of not guilty must be entered.
History:
[(19-1720) Cr. Prac. 1864, sec. 304, p. 249; R.S., R.C., & C.L., sec. 7763; C.S., sec. 8887; I.C.A., sec. 19-1620.]