Idaho § 19-1601 GROUNDS FOR SETTING ASIDE INDICTMENT

Idaho Statutes

§ 19-1601 — GROUNDS FOR SETTING ASIDE INDICTMENT

Idaho § 19-1601

Title 19CRIMINAL PROCEDURE

Ch. 16SETTING ASIDE INDICTMENT

This text of Idaho § 19-1601 (GROUNDS FOR SETTING ASIDE INDICTMENT) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 19-1601 (2026).

Text

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 ju

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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.

Legislative 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.]