Idaho Statutes
§ 19-815A — CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION
A defendant once held to answer to a criminal charge under this chapter may challenge the sufficiency of evidence educed at the preliminary examination by a motion to dismiss the commitment, signed by the magistrate, or the information filed by the prosecuting attorney. Such motion to dismiss shall be heard by a district judge.
If the district judge finds that the magistrate has held the defendant to answer without reasonable or probable cause to believe that the defendant has committed the crime for which he was held to answer, or finds that no public offense has been committed, he shall dismiss the complaint, commitment or information and order the defendant discharged.
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Idaho § 19-815A (CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Legislative History
[I.C., sec. 19-815A, as added by S.L. 1971, ch. 250, sec. 1, p. 1005.]
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