19-1306. PROSECUTING ATTORNEY TO INQUIRE INTO FACTS. It shall be the duty of the prosecuting attorney to inquire into and make full examination of all the facts and circumstances connected with any case of preliminary examination as provided by law, touching the commission of any offense wherein the offender shall be committed to jail or become recognized or held to bail, and if the prosecuting attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe and file with the clerk of the court a statement in writing containing his reasons, in fact and in law, for not filing an information in such case, and such statement shall be filed at and during the term of court at which the offender shall be held for his appearance: provided, that in such case such court may examine said statement, together with the evidence filed in the case; and if, upon such examination, the court shall not be satisfied with said statement, the prosecuting attorney shall be directed by the court to file the proper information and bring the case to trial.
History:
[(19-1306) 1890-1891, p. 184, sec. 6; reen. 1899, p. 125, sec. 6; reen. R.C. & C.L., sec. 7660; C.S., sec. 8814; I.C.A., sec. 19-1206.]
Structure Idaho Code
Chapter 13 - INFORMATION AND PROCEEDINGS THEREON
Section 19-1301 - POWER AND JURISDICTION OF COURTS.
Section 19-1302 - FILING AND ENDORSEMENT OF INFORMATION.
Section 19-1303 - STATEMENT OF OFFENSE CHARGED.
Section 19-1304 - PROVISIONS CONCERNING INDICTMENT APPLICABLE TO INFORMATION.
Section 19-1305 - COMMITMENT AND BAIL PENDING INFORMATION.
Section 19-1306 - PROSECUTING ATTORNEY TO INQUIRE INTO FACTS.
Section 19-1307 - GRAND JURY TO BE DRAWN ONLY BY DIRECTION OF JUDGE.