Idaho Statutes
§ 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.
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Related
State v. Oldham
438 P.2d 275 (Idaho Supreme Court, 1968)
City of Lewiston v. Mathewson
303 P.2d 680 (Idaho Supreme Court, 1956)
State v. Gumm
585 P.2d 959 (Idaho Supreme Court, 1978)
State v. Segovia
468 P.2d 660 (Idaho Supreme Court, 1970)
State v. Murphy
584 P.2d 1236 (Idaho Supreme Court, 1978)
State v. Hobbs
611 P.2d 1047 (Idaho Supreme Court, 1980)
State v. Hahn
441 P.2d 714 (Idaho Supreme Court, 1968)
State v. Morris
340 P.2d 447 (Idaho Supreme Court, 1959)
State v. Henry
359 P.2d 514 (Idaho Supreme Court, 1961)
State v. Blair
551 P.2d 601 (Idaho Supreme Court, 1976)
State v. Martinez
404 P.2d 573 (Idaho Supreme Court, 1965)
Legislative 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.]
Nearby Sections
15
§ 19-1001
CHALLENGE — BY WHOM MADE§ 19-1002
GROUNDS FOR CHALLENGE TO PANEL§ 19-1004
FORM OF CHALLENGE§ 19-1005
DECISION UPON CHALLENGE§ 19-1009
OBJECTIONS MUST BE BY CHALLENGE§ 19-1010
APPOINTMENT OF FOREMAN§ 19-1011
OATH OF FOREMAN§ 19-1012
OATH OF JURORS§ 19-1013
CHARGE TO JURY§ 19-1014
RETIREMENT AND DISCHARGE OF JURY