19-1802. FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT. The application must be made in open court and in writing, verified by the affidavit of the defendant, a copy of which must be served upon the prosecuting attorney at least one (1) day before the application is made. Whenever the affidavit shows that the defendant can not safely appear in person to make the application, because the popular excitement against him is so great as to endanger his personal safety, and such statement is sustained by other testimony, the application may be made by counsel, and heard and determined in the absence of the defendant, though he is indicted for felony, and has not at the time of such application been arrested, or given bail, or been arraigned, or pleaded or demurred to the indictment.
History:
[(19-1802) Cr. Prac. 1864, sec. 306, p. 249; R.S., R.C., & C.L., sec. 7769; C.S., sec. 8889; I.C.A., sec. 19-1702.]
Structure Idaho Code
Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL
Section 19-1801 - GROUND FOR REMOVAL.
Section 19-1802 - FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT.
Section 19-1803 - ORDER OF REMOVAL.
Section 19-1804 - TRANSFER OF CAUSE.
Section 19-1805 - REMOVAL OF DEFENDANT.
Section 19-1806 - PROCEEDINGS AFTER REMOVAL.
Section 19-1807 - CERTIFICATION OF COSTS.
Section 19-1808 - REMOVAL ON APPLICATION OF STATE.
Section 19-1809 - REMOVAL ON APPLICATION OF STATE — FORM OF APPLICATION.
Section 19-1810 - REMOVAL ON APPLICATION OF STATE — ORDER.
Section 19-1811 - REMOVAL ON APPLICATION OF STATE — TRANSFER OF CAUSE.
Section 19-1812 - REMOVAL ON APPLICATION OF STATE — REMOVAL OF DEFENDANT.
Section 19-1813 - REMOVAL ON APPLICATION OF STATE — PROCEEDINGS AFTER TRANSFER.
Section 19-1814 - REMOVAL ON APPLICATION OF STATE — CERTIFICATE OF COSTS.
Section 19-1815 - REMOVAL ON APPLICATION OF STATE — APPEAL FROM ORDER DENYING APPLICATION.