Idaho § 19-1703 GROUND FOR DEMURRER

Idaho Statutes

§ 19-1703 — GROUND FOR DEMURRER

Idaho § 19-1703

Title 19CRIMINAL PROCEDURE

Ch. 17PLEADINGS BY DEFENDANT

This text of Idaho § 19-1703 (GROUND FOR DEMURRER) 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 § 19-1703 (2026).

Text

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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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.