Idaho Statutes

§ 19-1707 — EFFECT OF JUDGMENT

Idaho·Title 19 CRIMINAL PROCEDURE·Ch. 17 PLEADINGS BY DEFENDANT
If the demurrer is allowed, the judgment is final upon the indictment demurred to, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new indictment, directs the case to be resubmitted to the same or another grand jury.

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Related

State v. Morris
340 P.2d 447 (Idaho Supreme Court, 1959)
10 case citations

Legislative History

[(19-1707) Cr. Prac. 1864, sec. 289, p. 248; R.S., R.C., & C.L., sec. 7746; C.S., sec. 8874; I.C.A., sec. 19-1607.]

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