19-2318. DISCHARGE OR DETENTION OF DEFENDANT ON ACQUITTAL. If judgment of acquittal is given on a general verdict and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given, except where the acquittal is because of a variance between the proof and the indictment, which may be obviated by a new indictment, the court may order his detention to the end that a new indictment may be preferred, in the same manner and with like effect as provided in case where the indictment does not state a public offense.
History:
[(19-2318) Cr. Prac. 1864, sec. 418, p. 263; R.S., R.C., & C.L., sec. 7932; C.S., sec. 9003; I.C.A., sec. 19-2218.]
Structure Idaho Code
Section 19-2301 - RETURN OF JURY.
Section 19-2302 - PRESENCE OF DEFENDANT.
Section 19-2303 - MANNER OF TAKING VERDICT.
Section 19-2304 - GENERAL AND SPECIAL VERDICTS.
Section 19-2305 - FORMS OF GENERAL VERDICT.
Section 19-2306 - SPECIAL VERDICT DEFINED.
Section 19-2307 - SPECIAL VERDICT, HOW RENDERED.
Section 19-2308 - FORM OF SPECIAL VERDICT.
Section 19-2309 - JUDGMENT ON SPECIAL VERDICT.
Section 19-2310 - DEFECTIVE SPECIAL VERDICT — NEW TRIAL.
Section 19-2311 - JURY TO FIND DEGREE OF CRIME.
Section 19-2312 - CONVICTION OF INCLUDED OFFENSE.
Section 19-2313 - VERDICT AGAINST JOINT DEFENDANTS.
Section 19-2314 - RECONSIDERATION OF VERDICT.
Section 19-2315 - JUDGMENT ON INFORMAL VERDICT.
Section 19-2316 - POLLING THE JURY.
Section 19-2317 - RECORDING VERDICT.
Section 19-2318 - DISCHARGE OR DETENTION OF DEFENDANT ON ACQUITTAL.