19-3927. GROUNDS FOR NEW TRIAL. A new trial may be granted in the following cases:
1. When the trial has been had in the absence of the defendant, unless he voluntarily absent himself, with full knowledge that a trial is being had.
2. When the jury has received any evidence out of court.
3. When the jury has separated without leave of the court, after having retired to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case.
4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors.
5. When there has been error in the decision of the court, given on any question of law arising during the course of the trial.
6. When the verdict is contrary to law or evidence.
7. When new evidence is discovered, material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial; but when a motion for a new trial is made upon this ground the defendant must produce at the hearing the affidavits of the witnesses by whom such newly-discovered evidence is expected to be given.
History:
[(19-3927) Cr. Prac. 1864, sec. 619, p. 289; R.S., R.C., & C.L., sec. 8305; C.S., sec. 9253; I.C.A., sec. 19-4027.]
Structure Idaho Code
Chapter 39 - PROCEEDINGS IN MAGISTRATE’S DIVISION OF THE DISTRICT COURT
Section 19-3901 - COMPLAINT OR CITATION.
Section 19-3901A - FAILURE TO OBEY CITATION FOR MISDEMEANOR.
Section 19-3902 - CORRECTION OF DEFECTIVE COMPLAINT.
Section 19-3903 - ISSUANCE AND FORM OF WARRANT.
Section 19-3904 - DOCKET AND MINUTES.
Section 19-3905 - PLEA — EXAMINATION ON PLEA OF GUILTY.
Section 19-3906 - PROCEEDINGS AFTER PLEA.
Section 19-3909 - POSTPONEMENT OF TRIAL.
Section 19-3910 - PRESENCE OF DEFENDANT.
Section 19-3911 - WAIVER OF TRIAL BY JURY.
Section 19-3912 - CHALLENGE TO JURORS.
Section 19-3913 - OATH OF JURORS.
Section 19-3914 - CONDUCT OF JURY.
Section 19-3915 - COURT TO DECIDE QUESTIONS OF LAW.
Section 19-3916 - RETIREMENT OF JURY.
Section 19-3918 - VERDICT AGAINST JOINT DEFENDANTS.
Section 19-3919 - DISCHARGE OF JURY.
Section 19-3920 - RETRIAL OF DEFENDANT.
Section 19-3921 - PROCEEDINGS ON PLEA OF GUILTY.
Section 19-3922 - PAYMENT OF COURT ORDERED TESTS OF BREATH OR BODILY FLUID.
Section 19-3923 - ACQUITTAL — COSTS OF MALICIOUS PROSECUTION.
Section 19-3924 - MALICIOUS PROSECUTION — JUDGMENT AGAINST PROSECUTOR.
Section 19-3925 - TIME FOR JUDGMENT.
Section 19-3926 - MOTIONS PRIOR TO JUDGMENT.
Section 19-3927 - GROUNDS FOR NEW TRIAL.
Section 19-3928 - GROUNDS FOR ARREST OF JUDGMENT.
Section 19-3929 - PRONOUNCEMENT AND ENTRY OF JUDGMENT.
Section 19-3930 - DISCHARGE OF DEFENDANT.
Section 19-3931 - WARRANT FOR EXECUTION OF JUDGMENT.
Section 19-3932 - IMPRISONMENT PENDING PAYMENT OF FINE.
Section 19-3933 - DISCHARGE UPON PAYMENT OF FINE.
Section 19-3934 - ADMITTANCE TO BAIL.
Section 19-3935 - SUBPOENAS FOR WITNESSES.
Section 19-3936 - ENTITLING AFFIDAVITS.
Section 19-3945 - JURORS AND WITNESSES — FEES AND MILEAGE — APPLICATION FOR SUBPOENAS.
Section 19-3946 - AFFIDAVIT AS TO MILES TRAVELED.
Section 19-3947 - COUNTY MISDEMEANOR PROBATION OFFICE SERVICES.