19-1418. SUFFICIENCY OF INDICTMENT. The indictment is sufficient if it can be understood therefrom:
1. That it is entitled in a court having authority to receive it, though the name of the court be not stated.
2. That it was found by a grand jury of the county in which the court was held.
3. That the defendant is named, or, if his name cannot be discovered that he is described by a fictitious name, with a statement that his true name is to the jury unknown.
4. That the offense was committed at some place within the jurisdiction of the court, except where the act, though done without the local jurisdiction of the county, is triable therein.
5. That the offense was committed at some time prior to the time of finding the indictment.
6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
7. That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon conviction, according to the right of the case.
History:
[(19-1418) Cr. Prac. 1864, sec. 242, p. 243; R.S., R.C., & C.L., sec. 7686; C.S., sec. 8834; I.C.A., sec. 19-1318.]
Structure Idaho Code
Section 19-1401 - INDICTMENT, HOW FOUND.
Section 19-1402 - FAILURE TO FIND INDICTMENT — RETURN OF DEPOSITIONS.
Section 19-1403 - RESUBMISSION OF CHARGE AFTER DISMISSAL.
Section 19-1404 - ENDORSEMENT OF NAMES OF WITNESSES.
Section 19-1405 - PRESENTMENT AND FILING OF INDICTMENT.
Section 19-1406 - INDICTMENT OF DEFENDANT NOT IN CUSTODY.
Section 19-1407 - RULES OF PLEADING.
Section 19-1408 - FIRST PLEADING IS INDICTMENT.
Section 19-1409 - REQUIREMENTS OF INDICTMENT.
Section 19-1410 - FORM OF INDICTMENT.
Section 19-1411 - CERTAINTY REQUIRED OF INDICTMENT.
Section 19-1412 - INDICTMENT BY FICTITIOUS NAME.
Section 19-1414 - ALLEGATION AS TO TIME.
Section 19-1415 - ERRONEOUS DESIGNATION OF PERSON INJURED.
Section 19-1416 - CONSTRUCTION OF WORDS.
Section 19-1417 - WORDS OF STATUTE.
Section 19-1418 - SUFFICIENCY OF INDICTMENT.
Section 19-1419 - DEFECTS OF FORM.
Section 19-1420 - AMENDMENT OF INDICTMENT.
Section 19-1421 - PRESUMPTIONS AND FACTS JUDICIALLY NOTICED.
Section 19-1422 - PLEADING JUDGMENTS.
Section 19-1423 - PLEADING PRIVATE STATUTES.
Section 19-1424 - INDICTMENT FOR LIBEL.
Section 19-1425 - MISDESCRIPTION OF FORGED INSTRUMENT.
Section 19-1426 - INDICTMENT FOR PERJURY.
Section 19-1427 - INDICTMENT FOR LARCENY OR EMBEZZLEMENT.
Section 19-1428 - INDICTMENT FOR SELLING OBSCENE BOOKS.
Section 19-1429 - CONVICTION OR ACQUITTAL OF SEVERAL DEFENDANTS.
Section 19-1430 - DISTINCTION BETWEEN ACCESSORIES AND PRINCIPALS ABOLISHED.
Section 19-1431 - TRIAL OF ACCESSORIES WITHOUT PRINCIPAL.
Section 19-1432 - CHARGING TWO OR MORE OFFENSES IN SAME INDICTMENT.
Section 19-1433 - UNNECESSARY TO NEGATE STATUTORY DEFENSES IN CERTAIN CASES.