19-1717. WHAT IS NOT A FORMER ACQUITTAL. If the defendant was formerly acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.
History:
[I.C., sec. 19-1717 as added by 1972, ch. 336, sec. 7, p. 987.]
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.