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Idaho Statutes, Title 19

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Title 19, CRIMINAL PROCEDURE

62 chapters · 863 sections in this title.

All chapters in Title 19863 Ch 39, PROCEEDINGS IN MAGISTRATE’S DIVISION…38 Ch 21, TRIAL34 Ch 14, INDICTMENT32 Ch 25, JUDGMENT32 Ch 2, PREVENTION OF PUBLIC OFFENSES31 Ch 20, CHALLENGING THE JURY30 Ch 45, PROCEEDINGS AGAINST FUGITIVES FROM J…29 Ch 42, HABEAS CORPUS AND INSTITUTIONAL LITI…27 Ch 8, EXAMINATION OF CASE AND DISCHARGE OR…26 Ch 30, WITNESSES IN CRIMINAL PROCEEDINGS26 Ch 6, ARREST, BY WHOM AND HOW MADE24 Ch 29, IDAHO BAIL ACT24 Ch 11, POWERS AND DUTIES OF GRAND JURY22 Ch 17, PLEADINGS BY DEFENDANT20

14 sections·Filtered byTitle 19✕Ch 41✕

Idaho Code § 19-4101 PRESENTATION OF ACCUSATION
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19-4101. PRESENTATION OF ACCUSATION. An accusation in writing against any district, county, precinct, or municipal officer, for wilful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed.
Idaho Code § 19-4102 FORM OF ACCUSATION
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19-4102. FORM OF ACCUSATION. The accusation must state the offense charged, in ordinary and concise language, and without repetition.
Idaho Code § 19-4103 SERVICE ON DEFENDANT
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19-4103. SERVICE ON DEFENDANT. The accusation must be delivered by the foreman of the grand jury to the prosecuting attorney of the county (except when he is the officer accused), who must cause a copy thereof to be served upon the defendant, and require by notice in writing, of …
Idaho Code § 19-4104 APPEARANCE AND ANSWER -- DEFAULT
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19-4104. APPEARANCE AND ANSWER -- DEFAULT. The defendant must appear at the time appointed in the notice and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine t…

Idaho Code § 19-4105 ANSWER OR DEMURRER

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19-4105. ANSWER OR DEMURRER. The defendant may answer the accusation either by objecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same.

Idaho Code § 19-4106 FORM OF DEMURRER

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19-4106. FORM OF DEMURRER. If he objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection.

Idaho Code § 19-4107 FORM OF DENIAL

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19-4107. FORM OF DENIAL. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes.

Idaho Code § 19-4108 ANSWER AFTER OVERRULING DEMURRER

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19-4108. ANSWER AFTER OVERRULING DEMURRER. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith.

Idaho Code § 19-4109 PROCEEDINGS ON PLEA

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19-4109. PROCEEDINGS ON PLEA. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of conviction against him. If he denies the matters charged, the court must immediately, or at such time as it may appoint, proceed to try the accusat…

Idaho Code § 19-4110 TRIAL BY JURY

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19-4110. TRIAL BY JURY. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor.

Idaho Code § 19-4111 PROCESS FOR WITNESSES

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19-4111. PROCESS FOR WITNESSES. The prosecuting attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an indictment.

Idaho Code § 19-4112 JUDGMENT OF REMOVAL

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19-4112. JUDGMENT OF REMOVAL. Upon a conviction, the court must, at such time as it may appoint, pronounce a judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the minutes, and the causes of removal must be assigned th…

Idaho Code § 19-4113 APPEAL -- HOW TAKEN AND EFFECT

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19-4113. APPEAL -- HOW TAKEN AND EFFECT. From a judgment of removal an appeal may be taken to the supreme court, in the same manner as from a judgment in a civil action; but until such judgment is reversed the defendant is suspended from his office. Pending the appeal, the office…

Idaho Code § 19-4114 REMOVAL OF PROSECUTING ATTORNEY

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19-4114. REMOVAL OF PROSECUTING ATTORNEY. The same proceedings may be had on like grounds for the removal of a prosecuting attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by him to the district judge of the district, who m…