19-1703. GROUND FOR DEMURRER. The defendant may demur to the indictment when it appears upon the face thereof, either:
1. That the grand jury by which it was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of the county.
2. That it does not substantially conform to the requirements of sections 19-1409, 19-1410 and 19-1411.
3. That more than one offense is charged in the indictment.
4. That the facts stated do not constitute a public offense.
5. That the indictment contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.
History:
[(19-1703) Cr. Prac. 1864, sec. 285, p. 247; R.S., R.C., & C.L., sec. 7742; C.S., sec. 8870; I.C.A., sec. 19-1603.]
Structure Idaho Code
Chapter 17 - PLEADINGS BY DEFENDANT
Section 19-1701 - DEMURRER OR PLEA.
Section 19-1702 - DEMURRER OR PLEA — WHEN INTERPOSED.
Section 19-1703 - GROUND FOR DEMURRER.
Section 19-1704 - FORM OF DEMURRER.
Section 19-1705 - ARGUMENT ON DEMURRER.
Section 19-1706 - JUDGMENT ON DEMURRER.
Section 19-1707 - EFFECT OF JUDGMENT.
Section 19-1708 - DISCHARGE OF DEFENDANT.
Section 19-1709 - RESUBMISSION OF CHARGE.
Section 19-1710 - PLEA AFTER DISALLOWANCE.
Section 19-1711 - OBJECTIONS MUST BE TAKEN BY DEMURRER.
Section 19-1712 - KINDS OF PLEAS.
Section 19-1713 - FORM OF PLEAS.
Section 19-1714 - PLEA OF GUILTY.
Section 19-1715 - PLEA OF NOT GUILTY.
Section 19-1716 - EVIDENCE ADMISSIBLE UNDER PLEA OF NOT GUILTY.
Section 19-1717 - WHAT IS NOT A FORMER ACQUITTAL.
Section 19-1718 - WHAT IS A FORMER ACQUITTAL.
Section 19-1719 - CONVICTION OR ACQUITTAL BARS INCLUDED OFFENSES.