reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2120 - OFFENSE COMMITTED IN ANOTHER COUNTY.

19-2120. OFFENSE COMMITTED IN ANOTHER COUNTY. If the offense was committed within the exclusive jurisdiction of another county of this state, the court must direct the defendant to be committed for such time as it deems reasonable, to await a warrant from the proper county for his arrest; or if the offense is a misdemeanor only, it may admit him to bail in an undertaking, with sufficient sureties, that he will, within such time as the court may appoint, render himself amenable to a warrant for his arrest from the proper county, and, if not sooner arrested thereon, will attend at the office of the sheriff of the county where the trial was had, at a certain time particularly specified in the undertaking, to surrender himself upon the warrant, if issued, or that his bail will forfeit such sum as the court may fix, to be mentioned in the undertaking; and the clerk must forthwith transmit a certified copy of the indictment, and of all the papers filed in the action, to the prosecuting attorney of the proper county, the expense of which transmission is chargeable to that county.
History:
[(19-2120) Cr. Prac. 1864, secs. 369, 370, p. 257; R.S., R.C., & C.L., sec. 7874; C.S., sec. 8960; I.C.A., sec. 19-2020.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2121 - PROCEDURE IF DEFENDANT NOT ARRESTED — PROCEDURE IF DEFENDANT ARRESTED.

19-2121. PROCEDURE IF DEFENDANT NOT ARRESTED — PROCEDURE IF DEFENDANT ARRESTED. If the defendant is not arrested on a warrant from the proper county, as provided in the last section, he must be discharged from custody, or his bail in the action exonerated, or money deposited instead of bail must be refunded, as the case may be, and the sureties in the undertaking, as mentioned in that section, must be discharged. If he is arrested, the same proceedings must be had thereon as upon the arrest of a defendant in another county on a warrant of arrest issued by a magistrate.
History:
[(19-2121) Cr. Prac. 1864, secs. 371, 372, p. 257; R.S., R.C., & C.L., sec. 7875; C.S., sec. 8961; I.C.A., sec. 19-2021.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2122 - PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT.

19-2122. PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT. If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody, be discharged; or if admitted to bail, that his bail be exonerated; or if he has deposited money instead of bail, that the money be refunded to him, unless in its opinion a new indictment can be framed upon which the defendant can be legally convicted, in which case it may direct that the case be submitted to the same or another grand jury.
History:
[(19-2122) Cr. Prac. 1864, sec. 373, p. 257; R.S., R.C., & C.L., sec. 7876; C.S., sec. 8962; I.C.A., sec. 19-2022.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2123 - ADVISORY INSTRUCTION TO ACQUIT.

19-2123. ADVISORY INSTRUCTION TO ACQUIT. If, at any time after the evidence on either side is closed, the court deems it insufficient to warrant a conviction, it must advise the jury to acquit the defendant. But the jury are not bound by the advice.
History:
[(19-2123) Cr. Prac. 1864, sec. 375, p. 258; R.S., R.C., & C.L., sec. 7877; C.S., sec. 8963; I.C.A., sec. 19-2023.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2124 - VIEW OF PREMISES BY JURY.

19-2124. VIEW OF PREMISES BY JURY. When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, in the custody of the sheriff, to the place, which must be shown to them by a person appointed by the court for that purpose; and the sheriff must be sworn to suffer no person to speak or communicate with the jury, nor to do so himself, on any subject connected with the trial, and to return them into court without unnecessary delay, or at a specified time.
History:
[(19-2124) Cr. Prac. 1864, secs. 376, 377, p. 258; R.S., R.C., & C.L., sec. 7878; C.S., sec. 8964; I.C.A., sec. 19-2024.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2125 - DISCLOSURE OF FACTS KNOWN BY JUROR.

19-2125. DISCLOSURE OF FACTS KNOWN BY JUROR. If a juror has any personal knowledge respecting a fact in controversy in a cause, he must declare the same in open court during the trial. If, during the retirement of the jury, a juror declares a fact which could be evidence in the cause, as of his own knowledge, the jury may return into court. In either of these cases, the juror making the statement must be sworn as a witness and examined in the presence of the parties.
History:
[(19-2125) Cr. Prac. 1864, sec. 378, p. 258; R.S., R.C., & C.L., sec. 7879; C.S., sec. 8965; I.C.A., sec. 19-2025.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2126 - CUSTODY OF JURY DURING TRIAL.

19-2126. CUSTODY OF JURY DURING TRIAL. The jury sworn to try any felony may, at any time during the trial, and after the submission of the cause, in the discretion of the court, be permitted to separate, or they may be kept together, in the charge of a proper officer. Provided however, that in causes where the defendant has been charged with first-degree murder, and the prosecuting attorney has filed a notice of intent to seek the death penalty pursuant to section 18-4004A, Idaho Code, and such notice has not been withdrawn, the jury may not be permitted to separate after submission of the cause and completion of the special sentencing proceeding held pursuant to section 19-2515 or 19-2515A, Idaho Code. Before permitting the jury to separate after the cause has been submitted, the court shall permit counsel to place objections, if any, on the record outside the presence of the jury. In case the court orders the jury to be kept together the county must provide a suitable place for the board and lodging of the jury, at the expense of the county, and when first given custody of the jury the officer or bailiff must be sworn to keep the jury together during each recess and adjournment during the trial; to allow no person to speak to or communicate with them, or any of them, nor to do so himself, on any subject connected with the trial, and to return them into court as ordered by the court.
History:
[(19-2126) Cr. Prac. 1864, sec. 379, p. 258; am. 1881, p. 227, sec. 4; R.S., R.C., & C.L., sec. 7880; C.S., sec. 8966; am. 1929, ch. 14, sec. 1, p. 14; I.C.A., sec. 19-2026; am. 1981, ch. 229, sec. 1, p. 466; am. 1987, ch. 145, sec. 1, p. 290; am. 2002, ch. 94, sec. 11, p. 262; am. 2003, ch. 19, sec. 3, p. 72; am. 2003, ch. 136, sec. 2, p. 394; am. 2008, ch. 22, sec. 1, p. 35.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2127 - ADMONISHMENT OF JURY ON ADJOURNMENTS.

19-2127. ADMONISHMENT OF JURY ON ADJOURNMENTS. The jury must also, at each adjournment of the court, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves or with anyone else on any subject connected with the trial, or to form or express any opinion thereon until the cause is finally submitted to them.
History:
[(19-2127) Cr. Prac. 1864, sec. 380, p. 259; R.S., R.C., & C.L., sec. 7881; C.S., sec. 8967; I.C.A., sec. 19-2027.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2128 - DISCHARGE OF JUROR FOR ILLNESS OR DISABILITY — SUBSTITUTE JUROR.

19-2128. DISCHARGE OF JUROR FOR ILLNESS OR DISABILITY — SUBSTITUTE JUROR. If, before the conclusion of the trial, a juror becomes sick, so as to be unable to perform his duty, the court may order him to be discharged. In that case a new juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or afterwards impaneled; provided, however, that where substitute jurors have been impaneled in the manner provided by law, such substitute juror or jurors shall be used as provided by the law authorizing the impaneling of substitute jurors.
History:
[(19-2128) Cr. Prac. 1864, sec. 381, p. 259; R.S., R.C., & C.L., sec. 7882; C.S., sec. 8968; am. 1923, ch. 31, sec. 1, p. 34; I.C.A., sec. 19-2028.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2129 - DECISION OF QUESTIONS OF LAW.

19-2129. DECISION OF QUESTIONS OF LAW. The court must decide all questions of law which arise in the course of a trial.
History:
[(19-2129) Cr. Prac. 1864, sec. 382, p. 259; R.S., R.C., & C.L., sec. 7883; C.S., sec. 8969; I.C.A., sec. 19-2029.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2130 - DECISION OF QUESTIONS OF LAW AND FACT — TRIAL FOR LIBEL.

19-2130. DECISION OF QUESTIONS OF LAW AND FACT — TRIAL FOR LIBEL. On the trial of an indictment for libel, the jury have the right to determine the law and the fact.
History:
[(19-2130) Cr. Prac. 1864, sec. 383, p. 259; R.S., R.C., & C.L., sec. 7884; C.S., sec. 8970; I.C.A., sec. 19-2030.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2131 - DECISION OF QUESTIONS OF LAW AND FACT IN OTHER TRIALS — JURY BOUND BY INSTRUCTIONS.

19-2131. DECISION OF QUESTIONS OF LAW AND FACT IN OTHER TRIALS — JURY BOUND BY INSTRUCTIONS. On the trial of an indictment for any other offense than libel, questions of law are to be decided by the court, questions of fact by the jury; and although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court.
History:
[(19-2131) Cr. Prac. 1864, sec. 384, p. 259; R.S., R.C., & C.L., sec. 7885; C.S., sec. 8971; I.C.A., sec. 19-2031.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2132 - INSTRUCTIONS TO JURY — REQUESTS — INSTRUCTIONS ON INCLUDED OFFENSES.

19-2132. INSTRUCTIONS TO JURY — REQUESTS — INSTRUCTIONS ON INCLUDED OFFENSES. (a) In charging the jury, the court must state to them all matters of law necessary for their information. Either party may present to the court any written charge and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must indorse and sign its decision. If part be given and part refused, the court must distinguish, showing by the indorsement what part of the charge was given and what part refused.
(b) The court shall instruct the jury with respect to a lesser included offense if:
(1) Either party requests such an instruction; and
(2) There is a reasonable view of the evidence presented in the case that would support a finding that the defendant committed such lesser included offense but did not commit the greater offense.
(c) If a lesser included offense is submitted to the jury for consideration, the court shall instruct the jury that it may not consider the lesser included offense unless it has first considered each of the greater offenses within which it is included, and has concluded in its deliberations that the defendant is not guilty of each of such greater offenses.
History:
[(19-2132) Cr. Prac. 1864, secs. 385-387, p. 259; R.S., R.C., & C.L., sec. 7886; C.S., sec. 8972; I.C.A., sec. 19-2032; am. 1977, ch. 154, sec. 7, p. 394; am. 1988, ch. 327, sec. 1, p. 989.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2133 - RETIREMENT OF JURY — OATH OF BAILIFF.

19-2133. RETIREMENT OF JURY — OATH OF BAILIFF. After hearing the charge, the jury may either decide in court or may retire for deliberation. If they do not agree without retiring, an officer must be sworn to keep them together in some private and convenient place, and not permit any person to speak or communicate with them, nor to do so himself, unless by order of the court, or to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed, or when ordered by the court.
History:
[(19-2133) Cr. Prac. 1864, sec. 388, p. 259; R.S., R.C., & C.L., sec. 7887; C.S., sec. 8973; I.C.A., sec. 19-2033.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2134 - COMMITMENT OF DEFENDANT PENDING TRIAL.

19-2134. COMMITMENT OF DEFENDANT PENDING TRIAL. When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the proper officer of the county, to abide the judgment or further order of the court, and he must be committed and held in custody accordingly.
History:
[(19-2134) Cr. Prac. 1864, sec. 389, p. 259; R.S., R.C., & C.L., sec. 7888; C.S., sec. 8974; I.C.A., sec. 19-2034.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 21 - TRIAL › Section 19-2135 - ABSENCE OF PROSECUTING ATTORNEY — APPOINTMENT OF SUBSTITUTE.

19-2135. ABSENCE OF PROSECUTING ATTORNEY — APPOINTMENT OF SUBSTITUTE. If the prosecuting attorney fails to attend the trial, the court must appoint some attorney at law to perform the duties of the prosecuting attorney on such trial.
History:
[(19-2135) R.S., R.C., & C.L., sec. 7889; C.S., sec. 8975; I.C.A., sec. 19-2035.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2201 - JURY ROOM TO BE PROVIDED BY COMMISSIONERS.

19-2201. JURY ROOM TO BE PROVIDED BY COMMISSIONERS. A room must be provided by the commissioners of each county for the use of the jury upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery. If the commissioners neglect, the court may order the sheriff to do so, and the expenses incurred by him in carrying the order into effect, when certified by the court, are a county charge.
History:
[(19-2201) Cr. Prac. 1864, sec. 390, p. 260; R.S., R.C., & C.L., sec. 7900; C.S., sec. 8976; I.C.A., sec. 19-2101.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2202 - PROVISION OF FOOD AND LODGING FOR JURY.

19-2202. PROVISION OF FOOD AND LODGING FOR JURY. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they must be provided by the sheriff, at the expense of the county, with suitable and sufficient food and lodging.
History:
[(19-2202) Cr. Prac. 1864, sec. 391, p. 260; R.S., R.C., & C.L., sec. 7901; C.S., sec. 8977; I.C.A., sec. 19-2102.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2203 - PAPERS WHICH MAY BE TAKEN BY JURY.

19-2203. PAPERS WHICH MAY BE TAKEN BY JURY. Upon retiring for deliberation, the jury may take with them all exhibits and all papers (except depositions) which have been received in evidence in the cause, or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them the written instructions given and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.
History:
[(19-2203) Cr. Prac. 1864, secs. 392, 393, p. 260; R.S., & R.C., sec. 7902; am. 1911, ch. 23, sec. 1, p. 49; reen. C.L., sec. 7902; C.S., sec. 8978; I.C.A., sec. 19-2103.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2204 - RETURN OF JURY FOR INFORMATION.

19-2204. RETURN OF JURY FOR INFORMATION. After the jury have retired for deliberation, if there is any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer to conduct them into court. Upon being brought into court, the information required must be given in the presence of, or after notice to, the prosecuting attorney and the defendant or his counsel, or after they have been called.
History:
[(19-2204) Cr. Prac. 1864, sec. 394, p. 260; R.S., R.C., & C.L., sec. 7903; C.S., sec. 8979; I.C.A., sec. 19-2104.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2205 - DISCHARGE OF JURY FOR ILLNESS OR ACCIDENT.

19-2205. DISCHARGE OF JURY FOR ILLNESS OR ACCIDENT. If, after the retirement of the jury, one (1) of them be taken so sick as to prevent the continuance of his duty, or any other accident or cause occur to prevent their being kept for deliberation, the jury may be discharged.
History:
[(19-2205) Cr. Prac. 1864, sec. 395, p. 260; R.S., R.C., & C.L., sec. 7904; C.S., sec. 8980; I.C., sec. 19-2105.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2206 - WHEN JURY MAY BE DISCHARGED.

19-2206. WHEN JURY MAY BE DISCHARGED. Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.
History:
[(19-2206) Cr. Prac. 1864, sec. 396, p. 260; R.S., R.C., & C.L., sec. 7905; C.S., sec. 8981; I.C.A., sec. 19-2106.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2207 - RETRIAL AFTER DISCHARGE OF JURY.

19-2207. RETRIAL AFTER DISCHARGE OF JURY. In all cases where a jury are discharged or prevented from giving a verdict by reason of an accident or other cause, except where the defendant is discharged from the indictment during the progress of the trial or after the cause is submitted to them, the cause may be again tried at the same or another term.
History:
[(19-2207) Cr. Prac. 1864, sec. 397, p. 260; R.S., R.C., & C.L., sec. 7906; C.S., sec. 8982; I.C.A., sec. 19-2107.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2208 - ADJOURNMENT DURING ABSENCE OF JURY.

19-2208. ADJOURNMENT DURING ABSENCE OF JURY. While the jury are absent, the court may adjourn from time to time, as to other business, but it must nevertheless be open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged.
History:
[(19-2208) Cr. Prac. 1864, sec. 398, p. 261; R.S., R.C., & C.L., sec. 7907; C.S., sec. 8983; I.C.A., sec. 19-2108.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2209 - FINAL ADJOURNMENT OF THE COURT DISCHARGES THE JURY.

19-2209. FINAL ADJOURNMENT OF THE COURT DISCHARGES THE JURY. A final adjournment of the court discharges the jury.
History:
[(19-2209) Cr. Prac. 1864, sec. 399, p. 261; R.S., R.C., & C.L., sec. 7908; C.S., sec. 8984; I.C.A., sec. 19-2109.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 22 - CONDUCT OF JURY › Section 19-2210 - EXPENSES TO BE PAID BY WHAT COUNTY.

19-2210. EXPENSES TO BE PAID BY WHAT COUNTY. When two (2) or more counties are joined for judicial purposes, the expense of the trial of a cause must be paid by the county where the offense is alleged to have been committed.
History:
[(19-2210) Cr. Prac. 1864, sec. 400, p. 261; R.S., R.C., & C.L., sec. 7909; C.S., sec. 8985; I.C.A., sec. 19-2110.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2301 - RETURN OF JURY.

19-2301. RETURN OF JURY. When the jury have agreed upon their verdict they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that case the action may be again tried at the same or another term.
History:
[(19-2301) Cr. Prac. 1864, sec. 401, p. 261; R.S., R.C., & C.L., sec. 7915; C.S., sec. 8986; I.C.A., sec. 19-2201.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2302 - PRESENCE OF DEFENDANT.

19-2302. PRESENCE OF DEFENDANT. If indicted for a felony, the defendant must, before the verdict is received, appear in person. If for a misdemeanor, the verdict may be rendered in his absence.
History:
[(19-2302) Cr. Prac. 1864, sec. 402, p. 261; R.S., R.C., & C.L., sec. 7916; C.S., sec. 8987; I.C.A., sec. 19-2202.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2303 - MANNER OF TAKING VERDICT.

19-2303. MANNER OF TAKING VERDICT. When the jury appear they must be asked by the court or clerk whether they have agreed upon their verdict, and if the foreman answers in the affirmative they must, on being required, declare the same.
History:
[(19-2303) Cr. Prac. 1864, sec. 403, p. 261; R.S., R.C., & C.L., sec. 7917; C.S., sec. 8988; I.C.A., sec. 19-2203.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2304 - GENERAL AND SPECIAL VERDICTS.

19-2304. GENERAL AND SPECIAL VERDICTS. The jury may render a general verdict, or, when they are in doubt as to the legal effect of the facts proved, they may, except upon an indictment for libel, find a special verdict.
History:
[(19-2304) Cr. Prac. 1864, sec. 404, p. 261; R.S., R.C., & C.L., sec. 7918; C.S., sec. 8989; I.C.A., sec. 19-2204.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2305 - FORMS OF GENERAL VERDICT.

19-2305. FORMS OF GENERAL VERDICT. A general verdict upon a plea of not guilty is either "guilty" or "not guilty," which imports a conviction or acquittal of the offense charged in the indictment.
History:
[(19-2305) Cr. Prac. 1864, sec. 405, p. 261; 1875, p. 421, sec. 403; R.S., R.C., & C.L., sec. 7919; C.S., sec. 8990; I.C.A., sec. 19-2205; am. 1982, ch. 368, sec. 8, p. 924.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2306 - SPECIAL VERDICT DEFINED.

19-2306. SPECIAL VERDICT DEFINED. A special verdict is that by which the jury finds the facts only, leaving the judgment to the court. It must present the conclusions of fact as established by the evidence, and not the evidence to prove them, and these conclusions of fact must be so presented as that nothing remains to the court but to draw conclusions of law upon them.
History:
[(19-2306) Cr. Prac. 1864, sec. 406, p. 261; R.S., R.C., & C.L., sec. 7920; C.S., sec. 8991; I.C.A., sec. 19-2206.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2307 - SPECIAL VERDICT, HOW RENDERED.

19-2307. SPECIAL VERDICT, HOW RENDERED. The special verdict must be reduced to writing by the jury, or in their presence entered upon the minutes of the court, read to the jury and agreed to by them, before they are discharged.
History:
[(19-2307) Cr. Prac. 1864, sec. 107, p. 261; R.S., R.C., & C.L., sec. 7921; C.S., sec. 8992; I.C.A., sec. 19-2207.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2308 - FORM OF SPECIAL VERDICT.

19-2308. FORM OF SPECIAL VERDICT. The special verdict need not be in any particular form, but is sufficient if it present intelligibly the facts found by the jury.
History:
[(19-2308) Cr. Prac. 1864, sec. 408, p. 261; R.S., R.C., & C.L., sec. 7922; C.S., sec. 8993; I.C.A., sec. 19-2208.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2309 - JUDGMENT ON SPECIAL VERDICT.

19-2309. JUDGMENT ON SPECIAL VERDICT. The court must give judgment upon the special verdict as follows:
1. If the plea is not guilty and the facts prove the defendant guilty of the offense charged in the indictment, or of any other offense of which he could be convicted under that indictment, judgment must be given accordingly. But if otherwise, judgment of acquittal must be given.
2. If the plea is a former conviction or acquittal of the same offense, the court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal.
History:
[(19-2309) Cr. Prac. 1864, sec. 409, p. 261; R.S., R.C., & C.L., sec. 7923; C.S., sec. 8994; I.C.A., sec. 19-2209.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2310 - DEFECTIVE SPECIAL VERDICT — NEW TRIAL.

19-2310. DEFECTIVE SPECIAL VERDICT — NEW TRIAL. If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find the evidence of facts merely, and not the conclusions of fact from the evidence, as established to their satisfaction, the court must order a new trial.
History:
[(19-2310) Cr. Prac. 1864, sec. 410, p. 262; R.S., R.C., & C.L., sec. 7924; C.S., sec. 8995; I.C.A., sec. 19-2210.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2311 - JURY TO FIND DEGREE OF CRIME.

19-2311. JURY TO FIND DEGREE OF CRIME. Whenever a crime is distinguished into degrees the jury, if they convict the defendant, must find the degree of the crime of which he is guilty.
History:
[(19-2311) 1874, p. 363, sec. 409; R.S., R.C., & C.L., sec. 7925; C.S., sec. 8996; I.C.A., sec. 19-2211.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2312 - CONVICTION OF INCLUDED OFFENSE.

19-2312. CONVICTION OF INCLUDED OFFENSE. The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment, or of an attempt to commit the offense.
History:
[(19-2312) Cr. Prac. 1864, sec. 411, p. 262; R.S., R.C., & C.L., sec. 7926; C.S., sec. 8997; I.C.A., sec. 19-2212.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2313 - VERDICT AGAINST JOINT DEFENDANTS.

19-2313. VERDICT AGAINST JOINT DEFENDANTS. On an indictment against several, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the others may be tried by another jury.
History:
[(19-2313) Cr. Prac. 1864, sec. 412, p. 262; R.S., R.C., & C.L., sec. 7927; C.S., sec. 8998; I.C.A., sec. 19-2213.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2314 - RECONSIDERATION OF VERDICT.

19-2314. RECONSIDERATION OF VERDICT. When there is a verdict of conviction, in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion and direct the jury to reconsider their verdict, and if, after the reconsideration, they return the same verdict, it must be entered; but when there is a verdict of acquittal, the court can not require the jury to reconsider it. If the jury render a verdict which is neither general nor special, the court may direct them to reconsider it, and it can not be recorded until it is rendered in some form from which it can be clearly understood that the intent of the jury is either to render a general verdict or to find the facts specially and to leave the judgment to the court.
History:
[(19-2314) Cr. Prac. 1864, secs. 413, 414, p. 262; R.S., R.C., & C.L., sec. 7928; C.S., sec. 8999; I.C.A., sec. 19-2214.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2315 - JUDGMENT ON INFORMAL VERDICT.

19-2315. JUDGMENT ON INFORMAL VERDICT. If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict.
History:
[(19-2315) Cr. Prac. 1864, sec. 415, p. 262; R.S., R.C., & C.L., sec. 7929; C.S., sec. 9000; I.C.A., sec. 19-2215.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2316 - POLLING THE JURY.

19-2316. POLLING THE JURY. When a verdict is rendered and before it is recorded, the jury may be polled at the request of either party, in which case they must be severally asked whether it is their verdict; and if each juror answer in the affirmative, then the verdict shall be recorded; but if a less number answer in the affirmative, the jury must be sent out for further deliberation.
History:
[(19-2316) Cr. Prac. 1864, sec. 416, p. 262; R.S., sec. 7930; am. 1890-1891, p. 165, sec. 2; reen. 1899, p. 110, sec. 2; reen. R.C. & C.L., sec. 7930; C.S., sec. 9001; I.C.A., sec. 19-2216; am. 1967, ch. 44, sec. 1, p. 85.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2317 - RECORDING VERDICT.

19-2317. RECORDING VERDICT. When the verdict given is such as the court may receive, the clerk must immediately record it in full upon the minutes, read it to the jury, and inquire of them whether it is their verdict. If any juror disagree, the fact must be entered upon the minutes and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury must be discharged from the case.
History:
[(19-2317) Cr. Prac. 1864, sec. 417, p. 263; R.S., R.C., & C.L., sec. 7931; C.S., sec. 9002; I.C.A., sec. 19-2217.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2318 - DISCHARGE OR DETENTION OF DEFENDANT ON ACQUITTAL.

19-2318. DISCHARGE OR DETENTION OF DEFENDANT ON ACQUITTAL. If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given, except where the acquittal is because of a variance between the proof and the indictment, which may be obviated by a new indictment, the court may order his detention to the end that a new indictment may be preferred, in the same manner and with like effect as provided in case where the indictment does not state a public offense.
History:
[(19-2318) Cr. Prac. 1864, sec. 418, p. 263; R.S., R.C., & C.L., sec. 7932; C.S., sec. 9003; I.C.A., sec. 19-2218.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 23 - VERDICT › Section 19-2319 - COMMITTAL OF DEFENDANT ON CONVICTION.

19-2319. COMMITTAL OF DEFENDANT ON CONVICTION. If a general verdict is rendered against the defendant, or a special verdict is given, he must be remanded, if in custody, or if on bail he may be committed to the proper officer of the county to await the judgment of the court upon the verdict. When committed, his bail is exonerated, or if money is deposited instead of bail, it must be refunded to the defendant.
History:
[(19-2319) Cr. Prac. 1864, sec. 419, p. 263; R.S., R.C., & C.L., sec. 7933; C.S., sec. 9004; I.C.A., sec. 19-2219.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2402 - TRANSCRIPT AND EXHIBITS ON APPEAL TO SUPREME COURT.

19-2402. TRANSCRIPT AND EXHIBITS ON APPEAL TO SUPREME COURT. Any party desiring to procure a record of the evidence, proceedings and exhibits made during the trial of a criminal action in the district court for use on appeal to the Supreme Court may procure such transcript and exhibits in the same way in which a transcript and exhibits are obtained in a civil action. Said transcript shall be ordered, prepared, served, settled, lodged, filed and used in the same way and with the same effect as in a civil action. The provisions of section 10-509 shall apply to a reporter’s transcript in a criminal action.
History:
[(19-2402) 1927, ch. 135, sec. 1, p. 178; I.C.A., sec. 19-2302; am. 1949, ch. 179, sec. 1, p. 381.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2403 - RULINGS DEEMED EXCEPTED TO.

19-2403. RULINGS DEEMED EXCEPTED TO. The ruling and decision of the court in criminal cases disallowing a challenge to the panel of the jury, or to any individual juror, for any of the causes set forth in sections 19-2018, 19-2019 shall be deemed excepted to on the part of the defendant.
History:
[(19-2403) 1905, p. 328, sec. 1; reen. R.C. & C.L., sec. 7947; C.S., sec. 9014; I.C.A., sec. 19-2304.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2404 - NEW TRIAL DEFINED.

19-2404. NEW TRIAL DEFINED. A new trial is a reexamination of the issue in the same court, before another jury, after a verdict has been given.
History:
[(19-2404) Cr. Prac. 1864, sec. 426, p. 264; R.S., R.C., & C.L., sec. 7950; C.S., sec. 9015; I.C.A., sec. 19-2305.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2405 - EFFECT OF NEW TRIAL.

19-2405. EFFECT OF NEW TRIAL. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict can not be used or referred to either in evidence or in argument.
History:
[(19-2405) Cr. Prac. 1864, sec. 426, p. 264; R.S., R.C., & C.L., sec. 7951; C.S., 9016; I.C.A., sec. 19-2306.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2406 - GROUNDS FOR NEW TRIAL.

19-2406. GROUNDS FOR NEW TRIAL. When a verdict has been rendered against the defendant the court may, upon his application, grant a new trial in the following cases only:
1. When the trial has been had in his absence, if the indictment is for a felony.
2. When the jury has received any evidence out of court other than that resulting from a view of the premises.
3. When the jury has separated without leave of the court after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented.
4. When the verdict has been decided by lot or by any means other than a fair expression of opinion on the part of all the jurors.
5. When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial.
6. When the verdict is contrary to law or evidence.
7. When new evidence is discovered material to the defendant, and which he could not with reasonable diligence have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly-discovered evidence, the defendant must produce at the hearing in support thereof the affidavits of the witnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits the court may postpone the hearing of the motion for such length of time as, under all the circumstances of the case, may seem reasonable.
History:
[(19-2406) 1874, p. 363, sec. 424; R.S., R.C., & C.L., sec. 7952; C.S., sec. 9017; I.C.A., sec. 19-2307.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2407 - TIME FOR APPLICATION.

19-2407. TIME FOR APPLICATION. The application for a new trial may be made before or after judgment; and must be made within the time provided by the Idaho criminal rules unless the court or judge extends the time.
History:
[(19-2407) Cr. Prac. 1864, sec. 428, p. 264; R.S., R.C., & C.L., sec. 7953; C.S., sec. 9018; I.C.A., sec. 19-2308; am. 1989, ch. 83, sec. 1, p. 145; am. 1993, ch. 87, sec. 1, p. 216.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2408 - ARREST OF JUDGMENT — GROUNDS FOR MOTION.

19-2408. ARREST OF JUDGMENT — GROUNDS FOR MOTION. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant on a plea of a former conviction or acquittal. It may be founded on any of the defects in the indictment that are grounds of demurrer, unless the objection to the indictment has been waived by a failure to demur, and must be made before or at the time the defendant is called for judgment.
History:
[(19-2408) Cr. Prac. 1864, secs. 429, 431, po. 264 and 265; R.S., R.C., & C.L., sec. 7960; C.S., sec. 9019; I.C.A., sec. 19-2309.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2409 - ARREST WITHOUT MOTION.

19-2409. ARREST WITHOUT MOTION. The court may also, on its own view of any of these defects, arrest the judgment without motion.
History:
[(19-2409) Cr. Prac. 1864, sec. 430, p. 265; R.S., R.C., & C.L., sec. 7961; C.S., sec. 9020; I.C.A., sec. 19-2310.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2410 - EFFECT OF SUSTAINING MOTION.

19-2410. EFFECT OF SUSTAINING MOTION. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment was found.
History:
[(19-2410) Cr. Prac. 1864, sec. 432, p. 265; R.S., R.C., & C.L., sec. 7962; C.S., sec. 9021; I.C.A., sec. 19-2311.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT › Section 19-2411 - DISCHARGE OR DETENTION OF DEFENDANT.

19-2411. DISCHARGE OR DETENTION OF DEFENDANT. If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment can be framed, upon which he may be convicted, the court may order him to be recommitted to the office of the proper county, or admitted to bail anew, to answer the new indictment. If the evidence shows him guilty of another offense, he must be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution or indictment. But if no evidence appears sufficient to charge him with any offense he must, if in custody, be discharged; or if admitted to bail, his bail is exonerated; or if money has been deposited instead of bail, it must be refunded to the defendant; and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment was founded.
History:
[(19-2411) Cr. Prac. 1864, sec. 433, p. 265; R.S., R.C., & C.L., sec. 7963; C.S., sec. 9022; I.C.A., sec. 19-2312.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2501 - TIME FOR JUDGMENT.

19-2501. TIME FOR JUDGMENT. After a plea or verdict of guilty, or after a verdict against the defendant on the plea of a former conviction or acquittal, if the judgment be not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict, if the court intend to remain in session so long; but if not, then at as remote a time as can reasonably be allowed.
History:
[(19-2501) Cr. Prac. 1864, secs. 434, 435, p. 266; R.S., R.C., & C.L., sec. 7980; C.S., sec. 9023; I.C.A., sec. 19-2401.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2502 - DETERMINATION OF DEGREE OF CRIME.

19-2502. DETERMINATION OF DEGREE OF CRIME. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sentence, determine the degree.
History:
[(19-2502) R.S., R.C., & C.L., sec. 7981; C.S., sec. 9024; I.C.A., sec. 19-2402.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2503 - PRESENCE OF DEFENDANT.

19-2503. PRESENCE OF DEFENDANT. For the purpose of judgment, if the conviction is for a felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence.
History:
[(19-2503) Cr. Prac. 1864, sec. 436, p. 266; R.S., R.C., & C.L., sec. 7982; C.S., sec. 9025; I.C.A., sec. 19-2403.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2504 - DEFENDANT TO BE BROUGHT BEFORE COURT.

19-2504. DEFENDANT TO BE BROUGHT BEFORE COURT. When the defendant is in custody the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so.
History:
[(19-2504) Cr. Prac. 1864, sec. 437, p. 266; R.S., R.C., & C.L., sec. 7983; C.S., sec. 9026; I.C.A., sec. 19-2404.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2505 - BENCH WARRANT TO ENFORCE ATTENDANCE.

19-2505. BENCH WARRANT TO ENFORCE ATTENDANCE. If the defendant has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal appearance 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:
[(19-2505) Cr. Prac. 1864, sec. 438, p. 266; R.S., R.C., & C.L., sec. 7984; C.S., sec. 9027; I.C.A., sec. 19-2405.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2506 - CLERK TO ISSUE WARRANT.

19-2506. CLERK TO ISSUE WARRANT. The clerk, on the application of the prosecuting attorney, may, at any time after the order, whether the court be sitting or not, issue a bench warrant into one or more counties.
History:
[(19-2506) Cr. Prac. 1864, sec. 439, p. 266; R.S., R.C., & C.L., sec. 7985; C.S., sec. 9028; I.C.A., sec. 19-2406.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2507 - FORM OF WARRANT.

19-2507. FORM OF WARRANT. The bench warrant must be substantially in the following form:
County of …..
The state of Idaho, to any sheriff, constable, marshal or policeman in this state:
A.B., having been on the …. day of …., …. duly convicted in the district court of the …. judicial district of the state of Idaho, in and for the county of …., of the crime of …. (designating it generally), you are therefore commanded forthwith to arrest the above named A.B. and bring him before that court for judgment; 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 the court.
(Seal)
History:
[(19-2507) Cr. Prac. 1864, sec. 440, p. 266; R.S., R.C., & C.L., sec. 7986; C.S., sec. 9029; I.C.A., sec. 19-2407; am. 2007, ch. 90, sec. 11, p. 251.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2508 - SERVICE OF WARRANT.

19-2508. SERVICE OF WARRANT. The bench warrant may be served in any county in the same manner as a warrant of arrest, and when served in another county it need not be endorsed by a magistrate of that county.
History:
[(19-2508) Cr. Prac. 1864, sec. 441, p. 266; R.S., R.C., & C.L., sec. 7987; C.S., sec. 9030; I.C.A., sec. 19-2408.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2509 - ARREST OF DEFENDANT.

19-2509. ARREST OF DEFENDANT. Whether the bench warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court or commit him to the officer mentioned in the warrant, according to the command thereof.
History:
[(19-2509) Cr. Prac. 1864, sec. 442, p. 267; R.S., R.C., & C.L., sec. 7988; C.S., sec. 9031; I.C.A., sec. 19-2409.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2510 - ARRAIGNMENT FOR SENTENCE.

19-2510. ARRAIGNMENT FOR SENTENCE. When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the nature of the indictment and of his plea, and the verdict if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him.
History:
[(19-2510) Cr. Prac. 1864, sec. 443, p. 267; R.S., R.C., & C.L., sec. 7989; C.S., sec. 9032; I.C.A., sec. 19-2410.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2511 - GROUNDS FOR WITHHOLDING JUDGMENT.

19-2511. GROUNDS FOR WITHHOLDING JUDGMENT. He may show, for cause against the judgment that he has good cause to offer, either in arrest of judgment or for a new trial, in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial.
History:
[(19-2511) Cr. Prac. 1864, sec. 444, p. 267; R.S., R.C., & C.L., sec. 7990; C.S., sec. 9033; I.C.A., sec. 19-2411; am. 1970, ch. 31, sec. 14, p. 61.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2512 - PRONOUNCEMENT OF JUDGMENT.

19-2512. PRONOUNCEMENT OF JUDGMENT. If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must thereupon be rendered.
History:
[(19-2512) Cr. Prac. 1864, sec. 445, p. 267; R.S., & R.C., sec. 7991; reen. 1915, ch. 104, sec. 1, p. 244; reen. C.L., sec. 7991; C.S., sec. 9034; I.C.A., sec. 19-2412.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2513 - UNIFIED SENTENCE.

19-2513. UNIFIED SENTENCE. (1) Whenever any person is convicted of having committed a felony, the court shall, unless it shall commute the sentence, suspend or withhold judgment and sentence or grant probation, as provided in chapter 26, title 19, Idaho Code, or unless it shall impose the death sentence as provided by law, sentence such offender to the custody of the state board of correction. The court shall specify a minimum period of confinement and may specify a subsequent indeterminate period of custody. The court shall set forth in its judgment and sentence the minimum period of confinement and the subsequent indeterminate period, if any, provided, that the aggregate sentence shall not exceed the maximum provided by law. During a minimum term of confinement, the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct except for meritorious service except as provided in section 20-1006, Idaho Code. The offender may be considered for parole or discharge at any time during the indeterminate period of the sentence and as provided in section 20-1006, Idaho Code.
(2) If the offense carries a mandatory minimum penalty as provided by statute, the court shall specify a minimum period of confinement consistent with such statute. If the offense is subject to an enhanced penalty as provided by statute, or if consecutive sentences are imposed for multiple offenses, the court shall, if required by statute, direct that the enhancement or each consecutive sentence contain a minimum period of confinement; in such event, all minimum terms of confinement shall be served before any indeterminate periods commence to run.
(3) Enactment of this amended section shall not affect the prosecution, adjudication or punishment of any felony committed before the effective date of enactment.
History:
[19-2513, added 1909, p. 82, H.B. 214, sec. 1; am. 1911, ch. 200, sec. 1, p. 664; compiled and reen. C.L., sec. 7991a; C.S., sec. 9035; I.C.A., sec. 19-2413; am. 1947, ch. 46, sec. 1, p. 50; am. 1957, ch. 47, sec. 1, p. 82; am. 1970, ch. 143, sec. 1, p. 425; am. 1986, ch. 232, sec. 3, p. 639; am. 1993, ch. 106, sec. 2, p. 272; am. 2014, ch. 150, sec. 19, p. 430; am. 2017, ch. 182, sec. 6, p. 421; am. 2021, ch. 196, sec. 21, p. 536.]
2023 Idaho Code › Title 19 - CRIMINAL PROCEDURE › Chapter 25 - JUDGMENT › Section 19-2514 - PERSISTENT VIOLATOR — SENTENCE ON THIRD CONVICTION FOR FELONY.

19-2514. PERSISTENT VIOLATOR — SENTENCE ON THIRD CONVICTION FOR FELONY. Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on such third conviction shall be sentenced to a term in the custody of the state board of correction which term shall be for not less than five (5) years and said term may extend to life.
History:
[(19-2514) C.S., sec. 9035A, as added by 1923, ch. 109, sec. 1, p. 139; I.C.A., sec. 19-2414; am. 1970, ch. 143, sec. 2, p. 425.]