Idaho Statutes
§ 19-1717 — WHAT IS NOT A FORMER ACQUITTAL
If the defendant was formerly acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.
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Related
State v. Horn
610 P.2d 551 (Idaho Supreme Court, 1980)
Stockwell v. State
573 P.2d 116 (Idaho Supreme Court, 1977)
Legislative History
[I.C., sec. 19-1717 as added by 1972, ch. 336, sec. 7, p. 987.]
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