Title 19 — CRIMINAL PROCEDURE

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 ho…

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 c…

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…

19-2129. Decision of questions of law. The court must decide all questions of law which arise in the course of a trial.

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.

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 fin…

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 c…

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 …

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…

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.

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 …

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…

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 o…

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 cour…

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.

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…

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 submi…

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 dischar…

19-2209. Final adjournment of the court discharges the jury. A final adjournment of the court discharges the jury.

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.

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 m…

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.

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.

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.

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.

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…

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.

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.

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 tha…

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 evid…

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.

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.

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 ma…

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, …

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 cou…

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 r…

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 minut…

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 varian…

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 …

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 ex…

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 de…

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.

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.

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 receiv…

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.

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…

19-2409. Arrest without motion. The court may also, on its own view of any of these defects, arrest the judgment without 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.

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 …

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…