Idaho § 19-2122 PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT

Idaho Statutes

§ 19-2122 — PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT

Idaho § 19-2122

Title 19CRIMINAL PROCEDURE

Ch. 21TRIAL

This text of Idaho § 19-2122 (PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF 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 § 19-2122 (2026).

Text

If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody, be discharged; or if admitted to bail, that his bail be exonerated; or if he has deposited money instead of bail, that the money be refunded to him, unless in its opinion a new indictment can be framed upon which the defendant can be legally convicted, in which case it may direct that the case be submitted to the same or another grand jury.

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If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defendant, if in custody, be discharged; or if admitted to bail, that his bail be exonerated; or if he has deposited money instead of bail, that the money be refunded to him, unless in its opinion a new indictment can be framed upon which the defendant can be legally convicted, in which case it may direct that the case be submitted to the same or another grand jury.