Idaho Statutes
§ 19-3902 — CORRECTION OF DEFECTIVE COMPLAINT
Whenever it shall appear to the prosecuting attorney of any county of this state that any criminal complaint filed in any justice or probate court is defective or void, the said prosecuting attorney shall have the right to substitute a new complaint, and the defendant or defendants shall not be considered to have been placed in jeopardy by any proceedings previous to the filing of the said new complaint: provided, that said prosecuting attorney shall file said complaint before the case for the prosecution has been closed.
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Related
State v. Byington
81 P.3d 421 (Idaho Court of Appeals, 2003)
Legislative History
[(19-3902) 1907, p. 110, sec. 1; reen. R.C. & C.L., sec. 8280a; C.S., sec. 9228; I.C.A., sec. 19-4002.]
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