Idaho Code
Title 19 - CRIMINAL PROCEDURE

Chapter 1 - PRELIMINARY PROVISIONS

Section 19-101 - LEGAL CONVICTION NECESSARY TO PUNISHMENT. - 19-101. LEGAL CONVICTION NECESSARY TO PUNISHMENT. No person can be...

Section 19-102 - PROSECUTION BY INDICTMENT OR INFORMATION — EXCEPTIONS. - 19-102. PROSECUTION BY INDICTMENT OR INFORMATION — EXCEPTIONS. Every public...

Section 19-103 - CRIMINAL ACTION DEFINED. - 19-103. CRIMINAL ACTION DEFINED. The proceedings by which a party...

Section 19-104 - PARTIES TO CRIMINAL ACTIONS. - 19-104. PARTIES TO CRIMINAL ACTIONS. A criminal action is prosecuted...

Section 19-105 - DEFENDANT. - 19-105. DEFENDANT. The party prosecuted in a criminal action is...

Section 19-106 - RIGHTS OF DEFENDANT. - 19-106. RIGHTS OF DEFENDANT. In a criminal action the defendant...

Section 19-107 - SECOND PROSECUTION PROHIBITED. - 19-107. SECOND PROSECUTION PROHIBITED. No person can be subjected to...

Section 19-108 - SELF-INCRIMINATING EVIDENCE — RESTRAINT OF PERSON. - 19-108. SELF-INCRIMINATING EVIDENCE — RESTRAINT OF PERSON. No person can...

Section 19-109 - PREREQUISITES TO CONVICTION. - 19-109. PREREQUISITES TO CONVICTION. No person can be convicted of...

Section 19-110 - EXPEDITION OF COURT PROCEEDINGS. - 19-110. EXPEDITION OF COURT PROCEEDINGS. In all criminal cases and...

Chapter 2 - PREVENTION OF PUBLIC OFFENSES

Section 19-201 - LAWFUL RESISTANCE. - 19-201. LAWFUL RESISTANCE. Lawful resistance to the commission of a...

Section 19-201A - LEGISLATIVE INTENT — CASTLE DOCTRINE AND STAND YOUR GROUND. - 19-201A. LEGISLATIVE INTENT — CASTLE DOCTRINE AND STAND YOUR GROUND....

Section 19-202 - RESISTANCE BY THREATENED PARTY. - 19-202. RESISTANCE BY THREATENED PARTY. (1) Resistance sufficient to prevent...

Section 19-202A - DEFENSE OF SELF, OTHERS AND CERTAIN PLACES. - 19-202A. DEFENSE OF SELF, OTHERS AND CERTAIN PLACES. (1) No...

Section 19-203 - RESISTANCE BY OTHER PARTIES. - 19-203. RESISTANCE BY OTHER PARTIES. Any other person, in aid...

Section 19-204 - PREVENTION OF OFFENSES BY OFFICERS OF JUSTICE. - 19-204. PREVENTION OF OFFENSES BY OFFICERS OF JUSTICE. Public offenses...

Section 19-205 - PREVENTION BY PERSONS ASSISTING OFFICERS. - 19-205. PREVENTION BY PERSONS ASSISTING OFFICERS. When the officers of...

Section 19-206 - SECURITY TO KEEP PEACE — INFORMATION OF THREATENED OFFENSE. - 19-206. SECURITY TO KEEP PEACE — INFORMATION OF THREATENED OFFENSE....

Section 19-207 - EXAMINATION OF COMPLAINANT. - 19-207. EXAMINATION OF COMPLAINANT. When the information is laid before...

Section 19-208 - WARRANT OF ARREST. - 19-208. WARRANT OF ARREST. If it appears from the depositions...

Section 19-209 - HEARING OF CONTROVERTED CHARGE. - 19-209. HEARING OF CONTROVERTED CHARGE. When the person informed against...

Section 19-210 - DISCHARGE OF ACCUSED. - 19-210. DISCHARGE OF ACCUSED. If it appears that there is...

Section 19-211 - SECURITY TO KEEP THE PEACE. - 19-211. SECURITY TO KEEP THE PEACE. If, however, there is...

Section 19-212 - EFFECT OF GIVING OR REFUSING SECURITY. - 19-212. EFFECT OF GIVING OR REFUSING SECURITY. If the undertaking...

Section 19-213 - COMMITMENT FOR NOT GIVING SECURITY. - 19-213. COMMITMENT FOR NOT GIVING SECURITY. If the person complained...

Section 19-214 - SECURITY FILED IN CLERK’S OFFICE. - 19-214. SECURITY FILED IN CLERK’S OFFICE. The undertaking must be...

Section 19-215 - SECURITY FOR THREATS TO ASSAULT. - 19-215. SECURITY FOR THREATS TO ASSAULT. A person who, in...

Section 19-216 - BREACH OF SECURITY. - 19-216. BREACH OF SECURITY. Upon the conviction of the person...

Section 19-217 - ACTION ON UNDERTAKING. - 19-217. ACTION ON UNDERTAKING. Upon the prosecuting attorney’s producing evidence...

Section 19-218 - EVIDENCE OF BREACH. - 19-218. EVIDENCE OF BREACH. In the action the offense stated...

Section 19-219 - PROVISIONS OF CHAPTER EXCLUSIVE. - 19-219. PROVISIONS OF CHAPTER EXCLUSIVE. Security to keep the peace,...

Section 19-220 - PUBLIC PEACE — HOW PRESERVED. - 19-220. PUBLIC PEACE — HOW PRESERVED. The mayor or other...

Section 19-221 - SUPPRESSION OF RIOTS — OFFICERS MAY COMMAND ASSISTANCE. - 19-221. SUPPRESSION OF RIOTS — OFFICERS MAY COMMAND ASSISTANCE. When...

Section 19-222 - CERTIFICATE OF PERSON RESISTING PROCESS. - 19-222. CERTIFICATE OF PERSON RESISTING PROCESS. The officer must certify...

Section 19-223 - GOVERNOR MAY CALL OUT MILITIA. - 19-223. GOVERNOR MAY CALL OUT MILITIA. If it appears to...

Section 19-224 - COMMANDING RIOTERS TO DISPERSE. - 19-224. COMMANDING RIOTERS TO DISPERSE. Where any number of persons,...

Section 19-225 - ARREST OF RIOTERS. - 19-225. ARREST OF RIOTERS. If the persons assembled do not...

Section 19-226 - COMMAND OF ARMED FORCE. - 19-226. COMMAND OF ARMED FORCE. When an armed force is...

Section 19-227 - PROCLAMATION OF INSURRECTION. - 19-227. PROCLAMATION OF INSURRECTION. When the governor is satisfied that...

Section 19-228 - DISOBEDIENCE OF PROCLAMATION. - 19-228. DISOBEDIENCE OF PROCLAMATION. Any person who, after the publication...

Section 19-229 - REVOCATION OF PROCLAMATION. - 19-229. REVOCATION OF PROCLAMATION. The governor may, when he thinks...

Chapter 3 - LOCAL JURISDICTION OF PUBLIC OFFENSES

Section 19-301 - ALL OFFENDERS LIABLE TO PUNISHMENT. - 19-301. ALL OFFENDERS LIABLE TO PUNISHMENT. (1) Jurisdiction – venue....

Section 19-302 - OFFENSES COMMENCED WITHOUT THE STATE. - 19-302. OFFENSES COMMENCED WITHOUT THE STATE. When the commission of...

Section 19-304 - OFFENSES COMMITTED IN DIFFERENT COUNTIES. - 19-304. OFFENSES COMMITTED IN DIFFERENT COUNTIES. (1) When a public...

Section 19-305 - OFFENSES COMMITTED ON OR NEAR COUNTY BOUNDARIES. - 19-305. OFFENSES COMMITTED ON OR NEAR COUNTY BOUNDARIES. When a...

Section 19-306 - OFFENSES COMMITTED ON BOATS, VESSELS, TRAINS, MOTOR VEHICLES OR AIRCRAFT. - 19-306. OFFENSES COMMITTED ON BOATS, VESSELS, TRAINS, MOTOR VEHICLES OR...

Section 19-307 - KIDNAPING AND SIMILAR OFFENSES. - 19-307. KIDNAPING AND SIMILAR OFFENSES. In any case where a...

Section 19-308 - BIGAMY OR INCEST. - 19-308. BIGAMY OR INCEST. When the offense either of bigamy...

Section 19-309 - STOLEN PROPERTY CARRIED FROM COUNTY TO COUNTY. - 19-309. STOLEN PROPERTY CARRIED FROM COUNTY TO COUNTY. When property...

Section 19-310 - ESCAPE FROM PRISON. - 19-310. ESCAPE FROM PRISON. The venue of a criminal action...

Section 19-311 - BRINGING STOLEN PROPERTY INTO THE STATE. - 19-311. BRINGING STOLEN PROPERTY INTO THE STATE. The venue of...

Section 19-312 - MURDER OR MANSLAUGHTER. - 19-312. MURDER OR MANSLAUGHTER. The venue of a criminal action...

Section 19-313 - VENUE OVER ACCESSORIES. - 19-313. VENUE OVER ACCESSORIES. In the case of an accessory...

Section 19-314 - VENUE OVER ABSENT PRINCIPAL. - 19-314. VENUE OVER ABSENT PRINCIPAL. The venue of a criminal...

Section 19-315 - CONVICTION OR ACQUITTAL IN ANOTHER STATE. - 19-315. CONVICTION OR ACQUITTAL IN ANOTHER STATE. When an act...

Section 19-316 - CONVICTION OR ACQUITTAL IN ANOTHER COUNTY. - 19-316. CONVICTION OR ACQUITTAL IN ANOTHER COUNTY. When an offense...

Chapter 4 - TIME OF COMMENCING CRIMINAL ACTIONS

Section 19-401 - NO STATUTE OF LIMITATIONS FOR CERTAIN FELONIES. - 19-401. NO STATUTE OF LIMITATIONS FOR CERTAIN FELONIES. Notwithstanding any...

Section 19-402 - COMMENCEMENT OF PROSECUTIONS FOR FELONIES. - 19-402. COMMENCEMENT OF PROSECUTIONS FOR FELONIES. A prosecution for any...

Section 19-403 - MISDEMEANORS. - 19-403. MISDEMEANORS. (1) Except as otherwise provided in this section,...

Section 19-404 - ABSENCE OF DEFENDANT FROM STATE. - 19-404. ABSENCE OF DEFENDANT FROM STATE. If, when the offense...

Section 19-405 - INDICTMENT — WHEN DEEMED FOUND. - 19-405. INDICTMENT — WHEN DEEMED FOUND. An indictment is found,...

Section 19-406 - COMMENCEMENT OF PROSECUTIONS FOR SEXUAL EXPLOITATION BY MEDICAL CARE PROVIDER. - 19-406. COMMENCEMENT OF PROSECUTIONS FOR SEXUAL EXPLOITATION BY MEDICAL CARE...

Chapter 5 - COMPLAINT AND WARRANT OF ARREST

Section 19-501 - DEFINITION OF COMPLAINT. - 19-501. DEFINITION OF COMPLAINT. The complaint is the allegation in...

Section 19-502 - DEFINITION OF MAGISTRATE. - 19-502. DEFINITION OF MAGISTRATE. A magistrate is an officer having...

Section 19-503 - WHO ARE MAGISTRATES. - 19-503. WHO ARE MAGISTRATES. The following persons are magistrates: (1)...

Section 19-504 - PERSON LODGING COMPLAINT. - 19-504. PERSON LODGING COMPLAINT. When a complaint which has been...

Section 19-505 - CONTENTS OF COMPLAINT. - 19-505. CONTENTS OF COMPLAINT. The complaint must set forth the...

Section 19-506 - WHEN WARRANT MAY ISSUE. - 19-506. WHEN WARRANT MAY ISSUE. A magistrate may issue a...

Section 19-507 - FORM OF WARRANT. - 19-507. FORM OF WARRANT. A warrant of arrest is an...

Section 19-508 - ADDITIONAL REQUIREMENTS OF WARRANT. - 19-508. ADDITIONAL REQUIREMENTS OF WARRANT. The warrant must specify the...

Section 19-509 - TO WHOM WARRANT DIRECTED. - 19-509. TO WHOM WARRANT DIRECTED. The warrant must be directed...

Section 19-510 - PEACE OFFICERS ENUMERATED. - 19-510. PEACE OFFICERS ENUMERATED. A peace officer is a sheriff...

Section 19-510A - PEACE OFFICERS’ POWERS TO EMPLOYEES OF THE STATE BOARD OF CORRECTION. - 19-510A. PEACE OFFICERS’ POWERS TO EMPLOYEES OF THE STATE BOARD...

Section 19-511 - RAILROAD AND STEAMBOAT POLICE. - 19-511. RAILROAD AND STEAMBOAT POLICE. The governor of the state...

Section 19-512 - DIRECTION TO OFFICERS THROUGHOUT STATE. - 19-512. DIRECTION TO OFFICERS THROUGHOUT STATE. If a warrant is...

Section 19-514 - DEFENDANT TO BE TAKEN BEFORE MAGISTRATE. - 19-514. DEFENDANT TO BE TAKEN BEFORE MAGISTRATE. If the offense...

Section 19-515 - NO UNNECESSARY DELAY — ATTORNEY MAY VISIT DEFENDANT. - 19-515. NO UNNECESSARY DELAY — ATTORNEY MAY VISIT DEFENDANT. The...

Section 19-516 - COMPLAINT TO BE TRANSMITTED TO MAGISTRATE. - 19-516. COMPLAINT TO BE TRANSMITTED TO MAGISTRATE. If the defendant...

Section 19-517 - OFFENSES TRIABLE IN ANOTHER COUNTY — PROCEEDINGS. - 19-517. OFFENSES TRIABLE IN ANOTHER COUNTY — PROCEEDINGS. When a...

Section 19-518 - DUTIES OF OFFICER. - 19-518. DUTIES OF OFFICER. The officer who executes the warrant...

Section 19-519 - NOTICE OF DEFENSE OF ALIBI. - 19-519. NOTICE OF DEFENSE OF ALIBI. (1) At any time...

Chapter 6 - ARREST, BY WHOM AND HOW MADE

Section 19-601 - ARREST DEFINED. - 19-601. ARREST DEFINED. An arrest is taking a person into...

Section 19-602 - ARREST, HOW MADE. - 19-602. ARREST, HOW MADE. An arrest is made by an...

Section 19-603 - WHEN PEACE OFFICER MAY ARREST. - 19-603. WHEN PEACE OFFICER MAY ARREST. A peace officer may...

Section 19-604 - WHEN PRIVATE PERSON MAY ARREST. - 19-604. WHEN PRIVATE PERSON MAY ARREST. A private person may...

Section 19-605 - MAGISTRATE MAY ORDER ARREST. - 19-605. MAGISTRATE MAY ORDER ARREST. A magistrate may orally order...

Section 19-606 - PERSON ARRESTING MAY SUMMON ASSISTANCE. - 19-606. PERSON ARRESTING MAY SUMMON ASSISTANCE. Any person making an...

Section 19-607 - WHEN ARREST MAY BE MADE UPON A WARRANT. - 19-607. WHEN ARREST MAY BE MADE UPON A WARRANT. If...

Section 19-608 - INFORMATION TO PERSON ARRESTED. - 19-608. INFORMATION TO PERSON ARRESTED. The person making the arrest...

Section 19-609 - WARRANT MUST BE SHOWN. - 19-609. WARRANT MUST BE SHOWN. If the person making the...

Section 19-610 - WHAT FORCE MAY BE USED. - 19-610. WHAT FORCE MAY BE USED. When the arrest is...

Section 19-611 - BREAKING DOORS AND WINDOWS. - 19-611. BREAKING DOORS AND WINDOWS. To make an arrest, if...

Section 19-612 - FORCE FOR PURPOSE OF LIBERATION. - 19-612. FORCE FOR PURPOSE OF LIBERATION. Any person who has...

Section 19-613 - WEAPONS MAY BE TAKEN. - 19-613. WEAPONS MAY BE TAKEN. Any person making an arrest...

Section 19-614 - DUTY OF PRIVATE PERSON MAKING ARREST. - 19-614. DUTY OF PRIVATE PERSON MAKING ARREST. A private person...

Section 19-615 - PROCEDURE UPON ARREST WITHOUT WARRANT. - 19-615. PROCEDURE UPON ARREST WITHOUT WARRANT. When an arrest is...

Section 19-616 - TELECOMMUNICATION OF WARRANT FOR SERVICE. - 19-616. TELECOMMUNICATION OF WARRANT FOR SERVICE. A warrant of arrest...

Section 19-618 - RECAPTURE AFTER ESCAPE. - 19-618. RECAPTURE AFTER ESCAPE. If a person arrested escape[s] or...

Section 19-619 - BREAKING DOORS AND WINDOWS FOR RECAPTURE. - 19-619. BREAKING DOORS AND WINDOWS FOR RECAPTURE. To retake the...

Section 19-620 - DEFINITION. - 19-620. DEFINITION. For the purpose of this act, a "temporary...

Section 19-621 - AUTHORITY TO ESTABLISH ROAD BLOCKS. - 19-621. AUTHORITY TO ESTABLISH ROAD BLOCKS. The duly elected or...

Section 19-622 - MINIMUM REQUIREMENTS. - 19-622. MINIMUM REQUIREMENTS. For the purpose of warning and protecting...

Section 19-623 - PENALTY. - 19-623. PENALTY. Any person who shall proceed or travel through...

Section 19-624 - ARREST WITH CERTIFIED COPY OF WARRANT. - 19-624. ARREST WITH CERTIFIED COPY OF WARRANT. Any arrest that...

Section 19-625 - DETENTION FOR OBTAINING EVIDENCE OF IDENTIFYING PHYSICAL CHARACTERISTICS. - 19-625. DETENTION FOR OBTAINING EVIDENCE OF IDENTIFYING PHYSICAL CHARACTERISTICS. (1)...

Chapter 7 - FRESH PURSUIT LAW

Section 19-701 - OFFICER OF ANOTHER STATE ENTERING STATE IN FRESH PURSUIT OF SUSPECTED FELON. - 19-701. OFFICER OF ANOTHER STATE ENTERING STATE IN FRESH PURSUIT...

Section 19-701A - OFFICER OF THIS STATE IN FRESH PURSUIT OF SUSPECTED FELON. - 19-701A. OFFICER OF THIS STATE IN FRESH PURSUIT OF SUSPECTED...

Section 19-702 - PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE — EXTRADITION OR DISCHARGE. - 19-702. PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE — EXTRADITION...

Section 19-703 - CONSTRUCTION OF SECTION. - 19-703. CONSTRUCTION OF SECTION. Section 1 of this act shall...

Section 19-704 - DISTRICT OF COLUMBIA INCLUDED. - 19-704. DISTRICT OF COLUMBIA INCLUDED. For the purpose of this...

Section 19-705 - “FRESH PURSUIT” DEFINED. - 19-705. "FRESH PURSUIT" DEFINED. The term "fresh pursuit" as used...

Section 19-706 - CERTIFICATION OF ACT TO OTHER STATES. - 19-706. CERTIFICATION OF ACT TO OTHER STATES. Upon the passage...

Section 19-707 - SHORT TITLE. - 19-707. SHORT TITLE. This act may be cited as the...

Chapter 8 - EXAMINATION OF CASE AND DISCHARGE OR COMMITMENT OF ACCUSED

Section 19-801 - ACCUSED TO BE INFORMED OF CHARGE — RIGHT TO COUNSEL. - 19-801. ACCUSED TO BE INFORMED OF CHARGE — RIGHT TO...

Section 19-802 - SENDING FOR COUNSEL. - 19-802. SENDING FOR COUNSEL. He must also allow the defendant...

Section 19-804 - PRELIMINARY EXAMINATION. - 19-804. PRELIMINARY EXAMINATION. The magistrate shall conduct a preliminary examination...

Section 19-805 - COMMITMENT OR BAIL ON POSTPONEMENT. - 19-805. COMMITMENT OR BAIL ON POSTPONEMENT. If a postponement is...

Section 19-806 - FORM OF COMMITMENT. - 19-806. FORM OF COMMITMENT. The commitment for examination is made...

Section 19-807 - ISSUANCE OF SUBPOENAS FOR WITNESSES. - 19-807. ISSUANCE OF SUBPOENAS FOR WITNESSES. The magistrate shall, prior...

Section 19-808 - EXAMINATION OF WITNESSES FOR STATE. - 19-808. EXAMINATION OF WITNESSES FOR STATE. The witnesses for the...

Section 19-809 - EXAMINATION OF WITNESSES FOR DEFENDANT. - 19-809. EXAMINATION OF WITNESSES FOR DEFENDANT. When the examination of...

Section 19-809A - CHILD’S OUT OF COURT STATEMENTS ADMISSIBLE IN PRELIMINARY EXAMINATIONS. - 19-809A. CHILD’S OUT OF COURT STATEMENTS ADMISSIBLE IN PRELIMINARY EXAMINATIONS....

Section 19-810 - EXCLUSION OF WITNESSES. - 19-810. EXCLUSION OF WITNESSES. While a witness is under examination...

Section 19-811 - EXCLUSION OF OTHER PERSONS. - 19-811. EXCLUSION OF OTHER PERSONS. The magistrate must also, upon...

Section 19-812 - TRANSCRIPT OF PRELIMINARY EXAMINATION. - 19-812. TRANSCRIPT OF PRELIMINARY EXAMINATION. In all cases which must...

Section 19-813 - CUSTODY OF TRANSCRIPT OF PRELIMINARY EXAMINATION. - 19-813. CUSTODY OF TRANSCRIPT OF PRELIMINARY EXAMINATION. The magistrate must...

Section 19-814 - DISCHARGE OF DEFENDANT. - 19-814. DISCHARGE OF DEFENDANT. If, after hearing the evidence adduced...

Section 19-815 - HOLDING DEFENDANT TO ANSWER. - 19-815. HOLDING DEFENDANT TO ANSWER. If, after hearing the evidence...

Section 19-815A - CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION. - 19-815A. CHALLENGING SUFFICIENCY OF EVIDENCE OF PRELIMINARY EXAMINATION. A defendant...

Section 19-816 - OFFENSES NOT BAILABLE — ENDORSEMENT ON COMMITMENT. - 19-816. OFFENSES NOT BAILABLE — ENDORSEMENT ON COMMITMENT. If the...

Section 19-817 - BAILABLE OFFENSES — ORDER ADMITTING TO BAIL. - 19-817. BAILABLE OFFENSES — ORDER ADMITTING TO BAIL. If the...

Section 19-818 - ORDER OF COMMITMENT. - 19-818. ORDER OF COMMITMENT. If the magistrate order the defendant...

Section 19-819 - FORM OF COMMITMENT. - 19-819. FORM OF COMMITMENT. The commitment must be to the...

Section 19-820 - UNDERTAKING OF WITNESSES TO APPEAR. - 19-820. UNDERTAKING OF WITNESSES TO APPEAR. On holding the defendant...

Section 19-821 - SECURITY FOR APPEARANCE. - 19-821. SECURITY FOR APPEARANCE. When the magistrate or a judge...

Section 19-822 - SECURITY FOR APPEARANCE — INFANTS AND MARRIED WOMEN. - 19-822. SECURITY FOR APPEARANCE — INFANTS AND MARRIED WOMEN. Infants...

Section 19-823 - COMMITMENT FOR FAILURE TO GIVE SECURITY. - 19-823. COMMITMENT FOR FAILURE TO GIVE SECURITY. If a witness,...

Section 19-824 - CONDITIONAL EXAMINATION. - 19-824. CONDITIONAL EXAMINATION. When, however, it satisfactorily appears by examination...

Section 19-825 - RETURN OF PAPERS TO DISTRICT COURT. - 19-825. RETURN OF PAPERS TO DISTRICT COURT. When a magistrate...

Section 19-847 - INDIGENT PUBLIC DEFENSE — FINANCIAL . - 19-847. INDIGENT PUBLIC DEFENSE — FINANCIAL OBLIGATIONS. Notwithstanding any provision...

Section 19-848 - SHORT TITLE. - 19-848. SHORT TITLE. Sections 19-848 through 19-866, Idaho Code, shall...

Section 19-849 - STATE PUBLIC DEFENSE COMMISSION. - 19-849. STATE PUBLIC DEFENSE COMMISSION. (1) There is hereby created...

Section 19-850 - POWERS AND DUTIES OF THE STATE PUBLIC DEFENSE COMMISSION. - 19-850. POWERS AND DUTIES OF THE STATE PUBLIC DEFENSE COMMISSION....

Section 19-851 - RIGHT TO REPRESENTATION BY COUNSEL — DEFINITIONS. - 19-851. RIGHT TO REPRESENTATION BY COUNSEL — DEFINITIONS. In this...

Section 19-852 - RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT ALL STAGES OF CRIMINAL AND COMMITMENT PROCEEDINGS — PAYMENT. - 19-852. RIGHT TO COUNSEL OF INDIGENT PERSON — REPRESENTATION AT...

Section 19-853 - DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO COUNSEL. - 19-853. DUTY TO NOTIFY ACCUSED OR DETAINED OF RIGHT TO...

Section 19-854 - DETERMINATION OF INDIGENCY — FACTORS CONSIDERED — PARTIAL PAYMENT BY ACCUSED — REIMBURSEMENT. - 19-854. DETERMINATION OF INDIGENCY — FACTORS CONSIDERED — PARTIAL PAYMENT...

Section 19-855 - QUALIFICATIONS OF COUNSEL. - 19-855. QUALIFICATIONS OF COUNSEL. No person may be given the...

Section 19-857 - WAIVER OF COUNSEL — CONSIDERATION BY COURT. - 19-857. WAIVER OF COUNSEL — CONSIDERATION BY COURT. A person...

Section 19-858 - REIMBURSEMENT — WHEN AUTHORIZED. - 19-858. REIMBURSEMENT TO COUNTY — WHEN AUTHORIZED. [EFFECTIVE UNTIL OCTOBER...

Section 19-859 - PUBLIC DEFENDER AUTHORIZED — JOINT COUNTY PUBLIC DEFENDERS. - 19-859. PUBLIC DEFENDER AUTHORIZED — JOINT COUNTY PUBLIC DEFENDERS. The...

Section 19-860 - PUBLIC DEFENDER — COMPENSATION — APPOINTMENT — QUALIFICATIONS. - 19-860. PUBLIC DEFENDER — COMPENSATION — APPOINTMENT — QUALIFICATIONS. If...

Section 19-861 - PUBLIC DEFENDER’S OFFICE — EMPLOYEES — COMPENSATION — FACILITIES. - 19-861. PUBLIC DEFENDER’S OFFICE — EMPLOYEES — COMPENSATION — FACILITIES....

Section 19-862 - APPROPRIATION FOR PUBLIC DEFENDER — PRIVATE CONTRIBUTIONS. - 19-862. APPROPRIATION FOR PUBLIC DEFENDER — PRIVATE CONTRIBUTIONS. (1) The...

Section 19-862A - COMPLIANCE — INDIGENT DEFENSE FINANCIAL ASSISTANCE. - 19-862A. COMPLIANCE — INDIGENT DEFENSE FINANCIAL ASSISTANCE. (1) All counties,...

Section 19-863 - DEFENSE EXPENSES — ALLOCATION IN JOINTLY ESTABLISHED OFFICES. - 19-863. DEFENSE EXPENSES — ALLOCATION IN JOINTLY ESTABLISHED OFFICES. (1)...

Section 19-863A - CAPITAL CRIMES DEFENSE FUND AUTHORIZED. - 19-863A. CAPITAL CRIMES DEFENSE FUND AUTHORIZED. (1) The establishment of...

Section 19-864 - RECORDS OF DEFENDING ATTORNEYS — ANNUAL REPORT OF DEFENDING ATTORNEYS. - 19-864. RECORDS OF DEFENDING ATTORNEYS — ANNUAL REPORT OF DEFENDING...

Section 19-865 - APPLICATION OF ACT — STATE COURTS — FEDERAL COURTS. - 19-865. APPLICATION OF ACT — STATE COURTS — FEDERAL COURTS....

Section 19-866 - PROVISIONS NOT EXCLUSIVE. - 19-866. PROVISIONS NOT EXCLUSIVE. The protections provided by this act...

Chapter 9 - MODE OF PROSECUTION OF PUBLIC OFFENSES

Section 19-901 - INDICTMENT OR INFORMATION. - 19-901. INDICTMENT OR INFORMATION. All public offenses triable in the...

Section 19-902 - MODE OF PROSECUTION FOR REMOVAL OF OFFICERS. - 19-902. MODE OF PROSECUTION FOR REMOVAL OF OFFICERS. When the...

Section 19-903 - INDICTMENTS AND ACCUSATIONS — WHERE FOUND. - 19-903. INDICTMENTS AND ACCUSATIONS — WHERE FOUND. All accusations against...

Chapter 10 - FORMATION OF GRAND JURY

Section 19-1001 - CHALLENGE — BY WHOM MADE. - 19-1001. CHALLENGE — BY WHOM MADE. The people, or a...

Section 19-1002 - GROUNDS FOR CHALLENGE TO PANEL. - 19-1002. GROUNDS FOR CHALLENGE TO PANEL. A challenge to the...

Section 19-1003 - GROUNDS FOR CHALLENGE TO INDIVIDUAL JURORS. - 19-1003. GROUNDS FOR CHALLENGE TO INDIVIDUAL JURORS. A challenge to...

Section 19-1004 - FORM OF CHALLENGE. - 19-1004. FORM OF CHALLENGE. The challenges mentioned in the last...

Section 19-1005 - DECISION UPON CHALLENGE. - 19-1005. DECISION UPON CHALLENGE. The court must allow or disallow...

Section 19-1006 - CHALLENGE TO PANEL — EFFECT OF ALLOWANCE. - 19-1006. CHALLENGE TO PANEL — EFFECT OF ALLOWANCE. If a...

Section 19-1007 - CHALLENGE TO INDIVIDUAL — EFFECT OF ALLOWANCE. - 19-1007. CHALLENGE TO INDIVIDUAL — EFFECT OF ALLOWANCE. If a...

Section 19-1008 - MANNER OF FILLING PANEL AFTER SUSTAINING CHALLENGE. - 19-1008. MANNER OF FILLING PANEL AFTER SUSTAINING CHALLENGE. If more...

Section 19-1009 - OBJECTIONS MUST BE BY CHALLENGE. - 19-1009. OBJECTIONS MUST BE BY CHALLENGE. A person held to...

Section 19-1010 - APPOINTMENT OF FOREMAN. - 19-1010. APPOINTMENT OF FOREMAN. From the persons summoned to serve...

Section 19-1011 - OATH OF FOREMAN. - 19-1011. OATH OF FOREMAN. The following oath must be administered...

Section 19-1012 - OATH OF JURORS. - 19-1012. OATH OF JURORS. The following oath must be immediately...

Section 19-1013 - CHARGE TO JURY. - 19-1013. CHARGE TO JURY. The grand jury being impaneled and...

Section 19-1014 - RETIREMENT AND DISCHARGE OF JURY. - 19-1014. RETIREMENT AND DISCHARGE OF JURY. The grand jury must...

Section 19-1015 - SPECIAL GRAND JURY. - 19-1015. SPECIAL GRAND JURY. If an offense is committed during...

Section 19-1016 - SPECIAL GRAND JURY — CONTENTS AND DELIVERY OF ORDER. - 19-1016. SPECIAL GRAND JURY — CONTENTS AND DELIVERY OF ORDER....

Section 19-1017 - SPECIAL GRAND JURY — EXECUTION AND RETURN OF ORDER. - 19-1017. SPECIAL GRAND JURY — EXECUTION AND RETURN OF ORDER....

Section 19-1018 - DRAWING OF SPECIAL JURY. - 19-1018. DRAWING OF SPECIAL JURY. At the time appointed the...

Chapter 11 - POWERS AND DUTIES OF GRAND JURY

Section 19-1101 - POWERS AND DUTIES IN GENERAL. - 19-1101. POWERS AND DUTIES IN GENERAL. The grand jury must...

Section 19-1102 - PRESENTMENT DEFINED. - 19-1102. PRESENTMENT DEFINED. A presentment is a formal statement in...

Section 19-1103 - INDICTMENT DEFINED. - 19-1103. INDICTMENT DEFINED. An indictment is an accusation in writing,...

Section 19-1104 - FOREMAN MAY ADMINISTER OATHS. - 19-1104. FOREMAN MAY ADMINISTER OATHS. The foreman may administer an...

Section 19-1105 - EVIDENCE RECEIVABLE BY GRAND JURY. - 19-1105. EVIDENCE RECEIVABLE BY GRAND JURY. In the investigation of...

Section 19-1106 - EVIDENCE FOR DEFENDANT. - 19-1106. EVIDENCE FOR DEFENDANT. The grand jury is not bound...

Section 19-1107 - SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT. - 19-1107. SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT. The grand jury...

Section 19-1108 - DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE. - 19-1108. DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE. If a...

Section 19-1110 - ACCESS TO PRISONS AND PUBLIC RECORDS. - 19-1110. ACCESS TO PRISONS AND PUBLIC RECORDS. They are also...

Section 19-1111 - WHO MAY BE PRESENT AT SESSIONS OF JURY. - 19-1111. WHO MAY BE PRESENT AT SESSIONS OF JURY. The...

Section 19-1112 - PROCEEDINGS TO BE SECRET. - 19-1112. PROCEEDINGS TO BE SECRET. Every member of the grand...

Section 19-1113 - JUROR NOT TO BE QUESTIONED. - 19-1113. JUROR NOT TO BE QUESTIONED. A grand juror cannot...

Section 19-1114 - NOTICE OF REFUSAL TO GIVE INCRIMINATING EVIDENCE — AGREEMENT TO TESTIFY WITH IMMUNITY — PERJURY — COMPELLING ANSWER. - 19-1114. NOTICE OF REFUSAL TO GIVE INCRIMINATING EVIDENCE — AGREEMENT...

Section 19-1115 - REFUSAL TO GIVE INCRIMINATING EVIDENCE — COMPELLING TO ANSWER OR PRODUCE EVIDENCE — IMMUNITY — PERJURY. - 19-1115. REFUSAL TO GIVE INCRIMINATING EVIDENCE — COMPELLING TO ANSWER...

Section 19-1116 - SPECIAL INQUIRY JUDGE. - 19-1116. SPECIAL INQUIRY JUDGE. Upon the petition by affidavit of...

Section 19-1117 - SPECIAL INQUIRY JUDGE — PETITION FOR ORDER. - 19-1117. SPECIAL INQUIRY JUDGE — PETITION FOR ORDER. (1) When...

Section 19-1118 - SPECIAL INQUIRY JUDGE — DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS. - 19-1118. SPECIAL INQUIRY JUDGE — DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS. The...

Section 19-1119 - SPECIAL INQUIRY JUDGE — DIRECTION TO PROSECUTING ATTORNEY TO PARTICIPATE IN PROCEEDINGS IN ANOTHER COUNTY — PROCEDURE. - 19-1119. SPECIAL INQUIRY JUDGE — DIRECTION TO PROSECUTING ATTORNEY TO...

Section 19-1120 - WITNESSES — ATTENDANCE. - 19-1120. WITNESSES — ATTENDANCE. (1) A prosecuting attorney may call...

Section 19-1121 - SELF-INCRIMINATION — RIGHT TO COUNSEL. - 19-1121. SELF-INCRIMINATION — RIGHT TO COUNSEL. Any individual called to...

Section 19-1122 - SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE — PROCEDURE. - 19-1122. SELF-INCRIMINATION — REFUSAL TO TESTIFY OR GIVE EVIDENCE —...

Section 19-1123 - SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF EVIDENCE. - 19-1123. SECRECY ENJOINED — EXCEPTIONS — USE AND AVAILABILITY OF...

Chapter 12 - PRESENTMENT AND PROCEEDINGS THEREON

Section 19-1201 - PRESENTMENT, HOW FOUND. - 19-1201. PRESENTMENT, HOW FOUND. A presentment cannot be found without...

Section 19-1202 - MUST BE PRESENTED TO COURT. - 19-1202. MUST BE PRESENTED TO COURT. The presentment, when found,...

Section 19-1203 - COURT MAY ORDER BENCH WARRANT. - 19-1203. COURT MAY ORDER BENCH WARRANT. If the facts stated...

Section 19-1204 - ISSUANCE OF BENCH WARRANT. - 19-1204. ISSUANCE OF BENCH WARRANT. The clerk, on the application...

Section 19-1205 - FORM OF BENCH WARRANT. - 19-1205. FORM OF BENCH WARRANT. The bench warrant, upon presentment,...

Section 19-1206 - SERVICE OF BENCH WARRANT. - 19-1206. SERVICE OF BENCH WARRANT. The bench warrant may be...

Section 19-1207 - PROCEEDINGS OF MAGISTRATE. - 19-1207. PROCEEDINGS OF MAGISTRATE. The magistrate, when the defendant is...

Chapter 13 - INFORMATION AND PROCEEDINGS THEREON

Section 19-1301 - POWER AND JURISDICTION OF COURTS. - 19-1301. POWER AND JURISDICTION OF COURTS. The several courts of...

Section 19-1302 - FILING AND ENDORSEMENT OF INFORMATION. - 19-1302. FILING AND ENDORSEMENT OF INFORMATION. All informations shall be...

Section 19-1303 - STATEMENT OF OFFENSE CHARGED. - 19-1303. STATEMENT OF OFFENSE CHARGED. The offense charged in all...

Section 19-1304 - PROVISIONS CONCERNING INDICTMENT APPLICABLE TO INFORMATION. - 19-1304. PROVISIONS CONCERNING INDICTMENT APPLICABLE TO INFORMATION. The provisions of...

Section 19-1305 - COMMITMENT AND BAIL PENDING INFORMATION. - 19-1305. COMMITMENT AND BAIL PENDING INFORMATION. Any person who may...

Section 19-1306 - PROSECUTING ATTORNEY TO INQUIRE INTO FACTS. - 19-1306. PROSECUTING ATTORNEY TO INQUIRE INTO FACTS. It shall be...

Section 19-1307 - GRAND JURY TO BE DRAWN ONLY BY DIRECTION OF JUDGE. - 19-1307. GRAND JURY TO BE DRAWN ONLY BY DIRECTION OF...

Section 19-1308 - PRELIMINARY EXAMINATION NECESSARY. - 19-1308. PRELIMINARY EXAMINATION NECESSARY. No information shall be filed against...

Section 19-1309 - DISCOVERY AND INSPECTION. - 19-1309. DISCOVERY AND INSPECTION. (1) Upon motion of a defendant...

Chapter 14 - INDICTMENT

Section 19-1401 - INDICTMENT, HOW FOUND. - 19-1401. INDICTMENT, HOW FOUND. An indictment cannot be found without...

Section 19-1402 - FAILURE TO FIND INDICTMENT — RETURN OF DEPOSITIONS. - 19-1402. FAILURE TO FIND INDICTMENT — RETURN OF DEPOSITIONS. If...

Section 19-1403 - RESUBMISSION OF CHARGE AFTER DISMISSAL. - 19-1403. RESUBMISSION OF CHARGE AFTER DISMISSAL. The dismissal of the...

Section 19-1404 - ENDORSEMENT OF NAMES OF WITNESSES. - 19-1404. ENDORSEMENT OF NAMES OF WITNESSES. When an indictment is...

Section 19-1405 - PRESENTMENT AND FILING OF INDICTMENT. - 19-1405. PRESENTMENT AND FILING OF INDICTMENT. An indictment, when found...

Section 19-1406 - INDICTMENT OF DEFENDANT NOT IN CUSTODY. - 19-1406. INDICTMENT OF DEFENDANT NOT IN CUSTODY. When an indictment...

Section 19-1407 - RULES OF PLEADING. - 19-1407. RULES OF PLEADING. All the forms of pleading in...

Section 19-1408 - FIRST PLEADING IS INDICTMENT. - 19-1408. FIRST PLEADING IS INDICTMENT. The first pleading on the...

Section 19-1409 - REQUIREMENTS OF INDICTMENT. - 19-1409. REQUIREMENTS OF INDICTMENT. The indictment must contain: 1. The...

Section 19-1410 - FORM OF INDICTMENT. - 19-1410. FORM OF INDICTMENT. It may be substantially in the...

Section 19-1411 - CERTAINTY REQUIRED OF INDICTMENT. - 19-1411. CERTAINTY REQUIRED OF INDICTMENT. It must be direct and...

Section 19-1412 - INDICTMENT BY FICTITIOUS NAME. - 19-1412. INDICTMENT BY FICTITIOUS NAME. When a defendant is indicted...

Section 19-1414 - ALLEGATION AS TO TIME. - 19-1414. ALLEGATION AS TO TIME. The precise time at which...

Section 19-1415 - ERRONEOUS DESIGNATION OF PERSON INJURED. - 19-1415. ERRONEOUS DESIGNATION OF PERSON INJURED. When an offense involves...

Section 19-1416 - CONSTRUCTION OF WORDS. - 19-1416. CONSTRUCTION OF WORDS. The words used in an indictment...

Section 19-1417 - WORDS OF STATUTE. - 19-1417. WORDS OF STATUTE. Words used in a statute to...

Section 19-1418 - SUFFICIENCY OF INDICTMENT. - 19-1418. SUFFICIENCY OF INDICTMENT. The indictment is sufficient if it...

Section 19-1419 - DEFECTS OF FORM. - 19-1419. DEFECTS OF FORM. No indictment is insufficient, nor can...

Section 19-1420 - AMENDMENT OF INDICTMENT. - 19-1420. AMENDMENT OF INDICTMENT. An indictment or information may be...

Section 19-1421 - PRESUMPTIONS AND FACTS JUDICIALLY NOTICED. - 19-1421. PRESUMPTIONS AND FACTS JUDICIALLY NOTICED. Neither presumptions of law...

Section 19-1422 - PLEADING JUDGMENTS. - 19-1422. PLEADING JUDGMENTS. In pleading a judgment or other determination...

Section 19-1423 - PLEADING PRIVATE STATUTES. - 19-1423. PLEADING PRIVATE STATUTES. In pleading a private statute, or...

Section 19-1424 - INDICTMENT FOR LIBEL. - 19-1424. INDICTMENT FOR LIBEL. An indictment for libel need not...

Section 19-1425 - MISDESCRIPTION OF FORGED INSTRUMENT. - 19-1425. MISDESCRIPTION OF FORGED INSTRUMENT. When an instrument which is...

Section 19-1426 - INDICTMENT FOR PERJURY. - 19-1426. INDICTMENT FOR PERJURY. In an indictment for perjury, or...

Section 19-1427 - INDICTMENT FOR LARCENY OR EMBEZZLEMENT. - 19-1427. INDICTMENT FOR LARCENY OR EMBEZZLEMENT. In an indictment for...

Section 19-1428 - INDICTMENT FOR SELLING OBSCENE BOOKS. - 19-1428. INDICTMENT FOR SELLING OBSCENE BOOKS. An indictment for exhibiting,...

Section 19-1429 - CONVICTION OR ACQUITTAL OF SEVERAL DEFENDANTS. - 19-1429. CONVICTION OR ACQUITTAL OF SEVERAL DEFENDANTS. Upon an indictment...

Section 19-1430 - DISTINCTION BETWEEN ACCESSORIES AND PRINCIPALS ABOLISHED. - 19-1430. DISTINCTION BETWEEN ACCESSORIES AND PRINCIPALS ABOLISHED. The distinction between...

Section 19-1431 - TRIAL OF ACCESSORIES WITHOUT PRINCIPAL. - 19-1431. TRIAL OF ACCESSORIES WITHOUT PRINCIPAL. An accessory to the...

Section 19-1432 - CHARGING TWO OR MORE OFFENSES IN SAME INDICTMENT. - 19-1432. CHARGING TWO OR MORE OFFENSES IN SAME INDICTMENT. Two...

Section 19-1433 - UNNECESSARY TO NEGATE STATUTORY DEFENSES IN CERTAIN CASES. - 19-1433. UNNECESSARY TO NEGATE STATUTORY DEFENSES IN CERTAIN CASES. In...

Chapter 15 - ARRAIGNMENT

Section 19-1501 - PLACE OF ARRAIGNMENT. - 19-1501. PLACE OF ARRAIGNMENT. When the indictment is filed, the...

Section 19-1502 - PRESENCE OF DEFENDANT. - 19-1502. PRESENCE OF DEFENDANT. If the indictment is for a...

Section 19-1503 - ORDER FOR PRODUCTION OF DEFENDANT. - 19-1503. ORDER FOR PRODUCTION OF DEFENDANT. When his personal appearance...

Section 19-1504 - ISSUANCE OF BENCH WARRANT. - 19-1504. ISSUANCE OF BENCH WARRANT. If the defendant has been...

Section 19-1505 - CLERK TO ISSUE WARRANT. - 19-1505. CLERK TO ISSUE WARRANT. The clerk, on the application...

Section 19-1506 - FORM OF BENCH WARRANT. - 19-1506. FORM OF BENCH WARRANT. The bench warrant upon the...

Section 19-1507 - BAIL. - 19-1507. BAIL. The defendant, when arrested under a warrant for...

Section 19-1508 - SERVICE OF WARRANT. - 19-1508. SERVICE OF WARRANT. The bench warrant may be served...

Section 19-1509 - PROCEEDINGS ON GIVING BAIL. - 19-1509. PROCEEDINGS ON GIVING BAIL. If the defendant is brought...

Section 19-1510 - INCREASING BAIL. - 19-1510. INCREASING BAIL. When the indictment is for a felony...

Section 19-1511 - COMMITMENT OF DEFENDANT. - 19-1511. COMMITMENT OF DEFENDANT. If the defendant is present when...

Section 19-1512 - RIGHT TO COUNSEL. - 19-1512. RIGHT TO COUNSEL. If the defendant appears for arraignment...

Section 19-1514 - ARRAIGNMENT, HOW MADE. - 19-1514. ARRAIGNMENT, HOW MADE. The arraignment must be made by...

Section 19-1515 - QUESTION AS TO TRUE NAME OF DEFENDANT. - 19-1515. QUESTION AS TO TRUE NAME OF DEFENDANT. When the...

Section 19-1516 - TIME ALLOWED FOR ANSWER. - 19-1516. TIME ALLOWED FOR ANSWER. If, on the arraignment, the...

Chapter 16 - SETTING ASIDE INDICTMENT

Section 19-1601 - GROUNDS FOR SETTING ASIDE INDICTMENT. - 19-1601. GROUNDS FOR SETTING ASIDE INDICTMENT. The indictment must be...

Section 19-1602 - WAIVER OF OBJECTIONS. - 19-1602. WAIVER OF OBJECTIONS. If the motion to set aside...

Section 19-1603 - HEARING AND DISPOSITION OF MOTION. - 19-1603. HEARING AND DISPOSITION OF MOTION. The motion must be...

Section 19-1604 - ORDER FOR RESUBMISSION. - 19-1604. ORDER FOR RESUBMISSION. If the court directs the case...

Section 19-1605 - ORDER NO BAR TO FUTURE PROSECUTION. - 19-1605. ORDER NO BAR TO FUTURE PROSECUTION. An order to...

Chapter 17 - PLEADINGS BY DEFENDANT

Section 19-1701 - DEMURRER OR PLEA. - 19-1701. DEMURRER OR PLEA. The only pleading on the part...

Section 19-1702 - DEMURRER OR PLEA — WHEN INTERPOSED. - 19-1702. DEMURRER OR PLEA — WHEN INTERPOSED. Both the demurrer...

Section 19-1703 - GROUND FOR DEMURRER. - 19-1703. GROUND FOR DEMURRER. The defendant may demur to the...

Section 19-1704 - FORM OF DEMURRER. - 19-1704. FORM OF DEMURRER. The demurrer must be in writing,...

Section 19-1705 - ARGUMENT ON DEMURRER. - 19-1705. ARGUMENT ON DEMURRER. Upon the demurrer being filed, the...

Section 19-1706 - JUDGMENT ON DEMURRER. - 19-1706. JUDGMENT ON DEMURRER. Upon considering the demurrer, the court...

Section 19-1707 - EFFECT OF JUDGMENT. - 19-1707. EFFECT OF JUDGMENT. If the demurrer is allowed, the...

Section 19-1708 - DISCHARGE OF DEFENDANT. - 19-1708. DISCHARGE OF DEFENDANT. If the court does not direct...

Section 19-1709 - RESUBMISSION OF CHARGE. - 19-1709. RESUBMISSION OF CHARGE. If the court directs that the...

Section 19-1710 - PLEA AFTER DISALLOWANCE. - 19-1710. PLEA AFTER DISALLOWANCE. If the demurrer is disallowed, the...

Section 19-1711 - OBJECTIONS MUST BE TAKEN BY DEMURRER. - 19-1711. OBJECTIONS MUST BE TAKEN BY DEMURRER. When the objections...

Section 19-1712 - KINDS OF PLEAS. - 19-1712. KINDS OF PLEAS. There are four (4) kinds of...

Section 19-1713 - FORM OF PLEAS. - 19-1713. FORM OF PLEAS. Every plea must be oral, and...

Section 19-1714 - PLEA OF GUILTY. - 19-1714. PLEA OF GUILTY. A plea of guilty can be...

Section 19-1715 - PLEA OF NOT GUILTY. - 19-1715. PLEA OF NOT GUILTY. The plea of not guilty...

Section 19-1716 - EVIDENCE ADMISSIBLE UNDER PLEA OF NOT GUILTY. - 19-1716. EVIDENCE ADMISSIBLE UNDER PLEA OF NOT GUILTY. All matters...

Section 19-1717 - WHAT IS NOT A FORMER ACQUITTAL. - 19-1717. WHAT IS NOT A FORMER ACQUITTAL. If the defendant...

Section 19-1718 - WHAT IS A FORMER ACQUITTAL. - 19-1718. WHAT IS A FORMER ACQUITTAL. Whenever the defendant is...

Section 19-1719 - CONVICTION OR ACQUITTAL BARS INCLUDED OFFENSES. - 19-1719. CONVICTION OR ACQUITTAL BARS INCLUDED OFFENSES. When the defendant...

Section 19-1720 - REFUSAL TO ANSWER. - 19-1720. REFUSAL TO ANSWER. If the defendant refuses to answer...

Chapter 18 - REMOVAL OF ACTION BEFORE TRIAL

Section 19-1801 - GROUND FOR REMOVAL. - 19-1801. GROUND FOR REMOVAL. A criminal action, prosecuted by indictment,...

Section 19-1802 - FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT. - 19-1802. FORM OF APPLICATION — HEARING IN ABSENCE OF DEFENDANT....

Section 19-1803 - ORDER OF REMOVAL. - 19-1803. ORDER OF REMOVAL. If the court is satisfied that...

Section 19-1804 - TRANSFER OF CAUSE. - 19-1804. TRANSFER OF CAUSE. The order of removal must be...

Section 19-1805 - REMOVAL OF DEFENDANT. - 19-1805. REMOVAL OF DEFENDANT. If the defendant is in custody,...

Section 19-1806 - PROCEEDINGS AFTER REMOVAL. - 19-1806. PROCEEDINGS AFTER REMOVAL. The court to which the action...

Section 19-1807 - CERTIFICATION OF COSTS. - 19-1807. CERTIFICATION OF COSTS. The clerk of the court in...

Section 19-1808 - REMOVAL ON APPLICATION OF STATE. - 19-1808. REMOVAL ON APPLICATION OF STATE. The district courts of...

Section 19-1809 - REMOVAL ON APPLICATION OF STATE — FORM OF APPLICATION. - 19-1809. REMOVAL ON APPLICATION OF STATE — FORM OF APPLICATION....

Section 19-1810 - REMOVAL ON APPLICATION OF STATE — ORDER. - 19-1810. REMOVAL ON APPLICATION OF STATE — ORDER. If the...

Section 19-1811 - REMOVAL ON APPLICATION OF STATE — TRANSFER OF CAUSE. - 19-1811. REMOVAL ON APPLICATION OF STATE — TRANSFER OF CAUSE....

Section 19-1812 - REMOVAL ON APPLICATION OF STATE — REMOVAL OF DEFENDANT. - 19-1812. REMOVAL ON APPLICATION OF STATE — REMOVAL OF DEFENDANT....

Section 19-1813 - REMOVAL ON APPLICATION OF STATE — PROCEEDINGS AFTER TRANSFER. - 19-1813. REMOVAL ON APPLICATION OF STATE — PROCEEDINGS AFTER TRANSFER....

Section 19-1814 - REMOVAL ON APPLICATION OF STATE — CERTIFICATE OF COSTS. - 19-1814. REMOVAL ON APPLICATION OF STATE — CERTIFICATE OF COSTS....

Section 19-1815 - REMOVAL ON APPLICATION OF STATE — APPEAL FROM ORDER DENYING APPLICATION. - 19-1815. REMOVAL ON APPLICATION OF STATE — APPEAL FROM ORDER...

Section 19-1816 - IMPANELING JURY FROM ANOTHER COUNTY. - 19-1816. IMPANELING JURY FROM ANOTHER COUNTY. (a) As an alternative...

Chapter 19 - MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL

Section 19-1901 - ISSUE OF FACT DEFINED. - 19-1901. ISSUE OF FACT DEFINED. An issue of fact arises:...

Section 19-1902 - TRIAL BY JURY. - 19-1902. TRIAL BY JURY. Issues of fact must be tried...

Section 19-1903 - PRESENCE OF DEFENDANT. - 19-1903. PRESENCE OF DEFENDANT. If the indictment is for a...

Section 19-1904 - ADDITIONAL JURORS. - 19-1904. ADDITIONAL JURORS. A court may direct that one (1)...

Section 19-1905 - JURY TO BE FORMED AS IN CIVIL ACTIONS. - 19-1905. JURY TO BE FORMED AS IN CIVIL ACTIONS. Trial...

Section 19-1906 - PREPARATION OF CALENDAR. - 19-1906. PREPARATION OF CALENDAR. The clerk must prepare a calendar...

Section 19-1907 - ORDER OF TRYING CASES. - 19-1907. ORDER OF TRYING CASES. The issues on the calendar...

Section 19-1908 - TIME TO PREPARE FOR TRIAL. - 19-1908. TIME TO PREPARE FOR TRIAL. After his plea the...

Section 19-1909 - TRIAL MAY BE POSTPONED FOR CAUSE. - 19-1909. TRIAL MAY BE POSTPONED FOR CAUSE. When an indictment...

Section 19-1910 - PRETRIAL RISK ASSESSMENT TOOLS. - 19-1910. PRETRIAL RISK ASSESSMENT TOOLS. (1) All pretrial risk assessment...

Chapter 20 - CHALLENGING THE JURY

Section 19-2001 - KINDS OF CHALLENGE. - 19-2001. KINDS OF CHALLENGE. A challenge is an objection made...

Section 19-2002 - DEFENDANTS MUST JOIN IN CHALLENGE. - 19-2002. DEFENDANTS MUST JOIN IN CHALLENGE. When several defendants are...

Section 19-2003 - PANEL DEFINED. - 19-2003. PANEL DEFINED. The panel is a list of jurors...

Section 19-2004 - CHALLENGE TO PANEL DEFINED — WHO MAY TAKE. - 19-2004. CHALLENGE TO PANEL DEFINED — WHO MAY TAKE. A...

Section 19-2005 - CHALLENGE TO PANEL — GROUNDS. - 19-2005. CHALLENGE TO PANEL — GROUNDS. A challenge to the...

Section 19-2006 - CHALLENGE TO PANEL — WHEN AND HOW TAKEN. - 19-2006. CHALLENGE TO PANEL — WHEN AND HOW TAKEN. A...

Section 19-2007 - EXCEPTION TO CHALLENGE. - 19-2007. EXCEPTION TO CHALLENGE. If the sufficiency of the facts...

Section 19-2008 - OVERRULING OR ALLOWANCE OF EXCEPTION. - 19-2008. OVERRULING OR ALLOWANCE OF EXCEPTION. If, on the exception,...

Section 19-2009 - DENIAL OF CHALLENGE — TRIAL. - 19-2009. DENIAL OF CHALLENGE — TRIAL. If the challenge is...

Section 19-2010 - CHALLENGE FOR BIAS OF OFFICERS. - 19-2010. CHALLENGE FOR BIAS OF OFFICERS. When the panel is...

Section 19-2011 - DISCHARGE OF JURY ON SUSTAINING CHALLENGE. - 19-2011. DISCHARGE OF JURY ON SUSTAINING CHALLENGE. If, either upon...

Section 19-2012 - INSTRUCTION AS TO RIGHT OF CHALLENGE. - 19-2012. INSTRUCTION AS TO RIGHT OF CHALLENGE. Before a juror...

Section 19-2013 - CHALLENGE TO INDIVIDUAL JUROR — KINDS. - 19-2013. CHALLENGE TO INDIVIDUAL JUROR — KINDS. A challenge to...

Section 19-2014 - TIME FOR CHALLENGE. - 19-2014. TIME FOR CHALLENGE. It must be taken before the...

Section 19-2015 - PEREMPTORY CHALLENGE DEFINED. - 19-2015. PEREMPTORY CHALLENGE DEFINED. A peremptory challenge can be taken...

Section 19-2016 - NUMBER OF PEREMPTORY CHALLENGES. - 19-2016. NUMBER OF PEREMPTORY CHALLENGES. If the offense charged is...

Section 19-2017 - CHALLENGE FOR CAUSE DEFINED. - 19-2017. CHALLENGE FOR CAUSE DEFINED. A challenge for cause may...

Section 19-2018 - GENERAL CAUSES OF CHALLENGE. - 19-2018. GENERAL CAUSES OF CHALLENGE. General causes of challenge are:...

Section 19-2019 - PARTICULAR CAUSES OF CHALLENGE. - 19-2019. PARTICULAR CAUSES OF CHALLENGE. Particular causes of challenge are...

Section 19-2020 - GROUNDS OF CHALLENGE FOR IMPLIED BIAS. - 19-2020. GROUNDS OF CHALLENGE FOR IMPLIED BIAS. A challenge for...

Section 19-2021 - EXEMPTION NOT GROUND FOR CHALLENGE. - 19-2021. EXEMPTION NOT GROUND FOR CHALLENGE. An exemption from service...

Section 19-2022 - CHALLENGE FOR BIAS — HOW STATED. - 19-2022. CHALLENGE FOR BIAS — HOW STATED. In a challenge...

Section 19-2023 - EXCEPTIONS TO CHALLENGE. - 19-2023. EXCEPTIONS TO CHALLENGE. The adverse party may except to...

Section 19-2024 - TRIAL OF CHALLENGE. - 19-2024. TRIAL OF CHALLENGE. If the facts are denied the...

Section 19-2025 - EXAMINATION OF CHALLENGED JUROR. - 19-2025. EXAMINATION OF CHALLENGED JUROR. Upon the trial of a...

Section 19-2026 - EXAMINATION OF WITNESSES. - 19-2026. EXAMINATION OF WITNESSES. Other witnesses may also be examined...

Section 19-2027 - DISPOSITION OF CHALLENGE FOR BIAS. - 19-2027. DISPOSITION OF CHALLENGE FOR BIAS. On the trial of...

Section 19-2028 - EXHAUSTION OF CHALLENGES FOR CAUSE. - 19-2028. EXHAUSTION OF CHALLENGES FOR CAUSE. All challenges to an...

Section 19-2029 - ORDER OF CHALLENGES FOR CAUSE. - 19-2029. ORDER OF CHALLENGES FOR CAUSE. The challenges of either...

Section 19-2030 - ALTERATION OF PEREMPTORY CHALLENGES. - 19-2030. ALTERATION OF PEREMPTORY CHALLENGES. After the jury is passed...

Chapter 21 - TRIAL

Section 19-2101 - ORDER OF TRIAL. - 19-2101. ORDER OF TRIAL. The jury having been impaneled and...

Section 19-2102 - WHEN ORDER MAY BE DEPARTED FROM. - 19-2102. WHEN ORDER MAY BE DEPARTED FROM. When the state...

Section 19-2103 - ARGUMENT TO JURY. - 19-2103. ARGUMENT TO JURY. If the indictment is for an...

Section 19-2104 - PRESUMPTION OF INNOCENCE — REASONABLE DOUBT. - 19-2104. PRESUMPTION OF INNOCENCE — REASONABLE DOUBT. A defendant in...

Section 19-2105 - DOUBT AS TO DEGREE OF CRIME. - 19-2105. DOUBT AS TO DEGREE OF CRIME. When it appears...

Section 19-2106 - TRIAL OF JOINT DEFENDANTS. - 19-2106. TRIAL OF JOINT DEFENDANTS. When two (2) or more...

Section 19-2107 - DISCHARGE OF CODEFENDANT FOR USE AS WITNESS. - 19-2107. DISCHARGE OF CODEFENDANT FOR USE AS WITNESS. When two...

Section 19-2108 - DISCHARGE OF DEFENDANT TO TESTIFY FOR CODEFENDANTS. - 19-2108. DISCHARGE OF DEFENDANT TO TESTIFY FOR CODEFENDANTS. When two...

Section 19-2109 - DISCHARGE EQUIVALENT TO ACQUITTAL. - 19-2109. DISCHARGE EQUIVALENT TO ACQUITTAL. The order mentioned in the...

Section 19-2110 - RULES OF EVIDENCE. - 19-2110. RULES OF EVIDENCE. The rules of evidence in civil...

Section 19-2111 - CONSPIRACY — SUFFICIENCY OF EVIDENCE. - 19-2111. CONSPIRACY — SUFFICIENCY OF EVIDENCE. Upon a trial for...

Section 19-2113 - BIGAMY — PROOF OF MARRIAGE. - 19-2113. BIGAMY — PROOF OF MARRIAGE. Upon a trial for...

Section 19-2114 - FORGING BANK BILLS — PROOF OF INCORPORATION — EXPERT WITNESSES. - 19-2114. FORGING BANK BILLS — PROOF OF INCORPORATION — EXPERT...

Section 19-2115 - ABORTION AND ABDUCTION — CORROBORATING TESTIMONY. - 19-2115. ABORTION AND ABDUCTION — CORROBORATING TESTIMONY. Upon a trial...

Section 19-2116 - FALSE PRETENSE — SUFFICIENCY OF EVIDENCE. - 19-2116. FALSE PRETENSE — SUFFICIENCY OF EVIDENCE. Upon a trial...

Section 19-2117 - TESTIMONY OF ACCOMPLICE — CORROBORATION. - 19-2117. TESTIMONY OF ACCOMPLICE — CORROBORATION. A conviction cannot be...

Section 19-2118 - DISCHARGE OF JURY FOR WANT OF JURISDICTION, OR INSUFFICIENCY OF INDICTMENT. - 19-2118. DISCHARGE OF JURY FOR WANT OF JURISDICTION, OR INSUFFICIENCY...

Section 19-2119 - DISCHARGE OF JURY FOR WANT OF JURISDICTION — OFFENSE COMMITTED OUT OF STATE. - 19-2119. DISCHARGE OF JURY FOR WANT OF JURISDICTION — OFFENSE...

Section 19-2120 - OFFENSE COMMITTED IN ANOTHER COUNTY. - 19-2120. OFFENSE COMMITTED IN ANOTHER COUNTY. If the offense was...

Section 19-2121 - PROCEDURE IF DEFENDANT NOT ARRESTED — PROCEDURE IF DEFENDANT ARRESTED. - 19-2121. PROCEDURE IF DEFENDANT NOT ARRESTED — PROCEDURE IF DEFENDANT...

Section 19-2122 - PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT. - 19-2122. PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT....

Section 19-2123 - ADVISORY INSTRUCTION TO ACQUIT. - 19-2123. ADVISORY INSTRUCTION TO ACQUIT. If, at any time after...

Section 19-2124 - VIEW OF PREMISES BY JURY. - 19-2124. VIEW OF PREMISES BY JURY. When, in the opinion...

Section 19-2125 - DISCLOSURE OF FACTS KNOWN BY JUROR. - 19-2125. DISCLOSURE OF FACTS KNOWN BY JUROR. If a juror...

Section 19-2126 - CUSTODY OF JURY DURING TRIAL. - 19-2126. CUSTODY OF JURY DURING TRIAL. The jury sworn to...

Section 19-2127 - ADMONISHMENT OF JURY ON ADJOURNMENTS. - 19-2127. ADMONISHMENT OF JURY ON ADJOURNMENTS. The jury must also,...

Section 19-2128 - DISCHARGE OF JUROR FOR ILLNESS OR DISABILITY — SUBSTITUTE JUROR. - 19-2128. DISCHARGE OF JUROR FOR ILLNESS OR DISABILITY — SUBSTITUTE...

Section 19-2129 - DECISION OF QUESTIONS OF LAW. - 19-2129. DECISION OF QUESTIONS OF LAW. The court must decide...

Section 19-2130 - DECISION OF QUESTIONS OF LAW AND FACT — TRIAL FOR LIBEL. - 19-2130. DECISION OF QUESTIONS OF LAW AND FACT — TRIAL...

Section 19-2131 - DECISION OF QUESTIONS OF LAW AND FACT IN OTHER TRIALS — JURY BOUND BY INSTRUCTIONS. - 19-2131. DECISION OF QUESTIONS OF LAW AND FACT IN OTHER...

Section 19-2132 - INSTRUCTIONS TO JURY — REQUESTS — INSTRUCTIONS ON INCLUDED OFFENSES. - 19-2132. INSTRUCTIONS TO JURY — REQUESTS — INSTRUCTIONS ON INCLUDED...

Section 19-2133 - RETIREMENT OF JURY — OATH OF BAILIFF. - 19-2133. RETIREMENT OF JURY — OATH OF BAILIFF. After hearing...

Section 19-2134 - COMMITMENT OF DEFENDANT PENDING TRIAL. - 19-2134. COMMITMENT OF DEFENDANT PENDING TRIAL. When a defendant who...

Section 19-2135 - ABSENCE OF PROSECUTING ATTORNEY — APPOINTMENT OF SUBSTITUTE. - 19-2135. ABSENCE OF PROSECUTING ATTORNEY — APPOINTMENT OF SUBSTITUTE. If...

Chapter 22 - CONDUCT OF JURY

Section 19-2201 - JURY ROOM TO BE PROVIDED BY COMMISSIONERS. - 19-2201. JURY ROOM TO BE PROVIDED BY COMMISSIONERS. A room...

Section 19-2202 - PROVISION OF FOOD AND LODGING FOR JURY. - 19-2202. PROVISION OF FOOD AND LODGING FOR JURY. While the...

Section 19-2203 - PAPERS WHICH MAY BE TAKEN BY JURY. - 19-2203. PAPERS WHICH MAY BE TAKEN BY JURY. Upon retiring...

Section 19-2204 - RETURN OF JURY FOR INFORMATION. - 19-2204. RETURN OF JURY FOR INFORMATION. After the jury have...

Section 19-2205 - DISCHARGE OF JURY FOR ILLNESS OR ACCIDENT. - 19-2205. DISCHARGE OF JURY FOR ILLNESS OR ACCIDENT. If, after...

Section 19-2206 - WHEN JURY MAY BE DISCHARGED. - 19-2206. WHEN JURY MAY BE DISCHARGED. Except as provided in...

Section 19-2207 - RETRIAL AFTER DISCHARGE OF JURY. - 19-2207. RETRIAL AFTER DISCHARGE OF JURY. In all cases where...

Section 19-2208 - ADJOURNMENT DURING ABSENCE OF JURY. - 19-2208. ADJOURNMENT DURING ABSENCE OF JURY. While the jury are...

Section 19-2209 - FINAL ADJOURNMENT OF THE COURT DISCHARGES THE JURY. - 19-2209. FINAL ADJOURNMENT OF THE COURT DISCHARGES THE JURY. A...

Section 19-2210 - EXPENSES TO BE PAID BY WHAT COUNTY. - 19-2210. EXPENSES TO BE PAID BY WHAT COUNTY. When two...

Chapter 23 - VERDICT

Section 19-2301 - RETURN OF JURY. - 19-2301. RETURN OF JURY. When the jury have agreed upon...

Section 19-2302 - PRESENCE OF DEFENDANT. - 19-2302. PRESENCE OF DEFENDANT. If indicted for a felony, the...

Section 19-2303 - MANNER OF TAKING VERDICT. - 19-2303. MANNER OF TAKING VERDICT. When the jury appear they...

Section 19-2304 - GENERAL AND SPECIAL VERDICTS. - 19-2304. GENERAL AND SPECIAL VERDICTS. The jury may render a...

Section 19-2305 - FORMS OF GENERAL VERDICT. - 19-2305. FORMS OF GENERAL VERDICT. A general verdict upon a...

Section 19-2306 - SPECIAL VERDICT DEFINED. - 19-2306. SPECIAL VERDICT DEFINED. A special verdict is that by...

Section 19-2307 - SPECIAL VERDICT, HOW RENDERED. - 19-2307. SPECIAL VERDICT, HOW RENDERED. The special verdict must be...

Section 19-2308 - FORM OF SPECIAL VERDICT. - 19-2308. FORM OF SPECIAL VERDICT. The special verdict need not...

Section 19-2309 - JUDGMENT ON SPECIAL VERDICT. - 19-2309. JUDGMENT ON SPECIAL VERDICT. The court must give judgment...

Section 19-2310 - DEFECTIVE SPECIAL VERDICT — NEW TRIAL. - 19-2310. DEFECTIVE SPECIAL VERDICT — NEW TRIAL. If the jury...

Section 19-2311 - JURY TO FIND DEGREE OF CRIME. - 19-2311. JURY TO FIND DEGREE OF CRIME. Whenever a crime...

Section 19-2312 - CONVICTION OF INCLUDED OFFENSE. - 19-2312. CONVICTION OF INCLUDED OFFENSE. The jury may find the...

Section 19-2313 - VERDICT AGAINST JOINT DEFENDANTS. - 19-2313. VERDICT AGAINST JOINT DEFENDANTS. On an indictment against several,...

Section 19-2314 - RECONSIDERATION OF VERDICT. - 19-2314. RECONSIDERATION OF VERDICT. When there is a verdict of...

Section 19-2315 - JUDGMENT ON INFORMAL VERDICT. - 19-2315. JUDGMENT ON INFORMAL VERDICT. If the jury persist in...

Section 19-2316 - POLLING THE JURY. - 19-2316. POLLING THE JURY. When a verdict is rendered and...

Section 19-2317 - RECORDING VERDICT. - 19-2317. RECORDING VERDICT. When the verdict given is such as...

Section 19-2318 - DISCHARGE OR DETENTION OF DEFENDANT ON ACQUITTAL. - 19-2318. DISCHARGE OR DETENTION OF DEFENDANT ON ACQUITTAL. If judgment...

Section 19-2319 - COMMITTAL OF DEFENDANT ON CONVICTION. - 19-2319. COMMITTAL OF DEFENDANT ON CONVICTION. If a general verdict...

Chapter 24 - EXCEPTIONS — NEW TRIAL — ARREST OF JUDGMENT

Section 19-2402 - TRANSCRIPT AND EXHIBITS ON APPEAL TO SUPREME COURT. - 19-2402. TRANSCRIPT AND EXHIBITS ON APPEAL TO SUPREME COURT. Any...

Section 19-2403 - RULINGS DEEMED EXCEPTED TO. - 19-2403. RULINGS DEEMED EXCEPTED TO. The ruling and decision of...

Section 19-2404 - NEW TRIAL DEFINED. - 19-2404. NEW TRIAL DEFINED. A new trial is a reexamination...

Section 19-2405 - EFFECT OF NEW TRIAL. - 19-2405. EFFECT OF NEW TRIAL. The granting of a new...

Section 19-2406 - GROUNDS FOR NEW TRIAL. - 19-2406. GROUNDS FOR NEW TRIAL. When a verdict has been...

Section 19-2407 - TIME FOR APPLICATION. - 19-2407. TIME FOR APPLICATION. The application for a new trial...

Section 19-2408 - ARREST OF JUDGMENT — GROUNDS FOR MOTION. - 19-2408. ARREST OF JUDGMENT — GROUNDS FOR MOTION. A motion...

Section 19-2409 - ARREST WITHOUT MOTION. - 19-2409. ARREST WITHOUT MOTION. The court may also, on its...

Section 19-2410 - EFFECT OF SUSTAINING MOTION. - 19-2410. EFFECT OF SUSTAINING MOTION. The effect of allowing a...

Section 19-2411 - DISCHARGE OR DETENTION OF DEFENDANT. - 19-2411. DISCHARGE OR DETENTION OF DEFENDANT. If, from the evidence...

Chapter 25 - JUDGMENT

Section 19-2501 - TIME FOR JUDGMENT. - 19-2501. TIME FOR JUDGMENT. After a plea or verdict of...

Section 19-2502 - DETERMINATION OF DEGREE OF CRIME. - 19-2502. DETERMINATION OF DEGREE OF CRIME. Upon a plea of...

Section 19-2503 - PRESENCE OF DEFENDANT. - 19-2503. PRESENCE OF DEFENDANT. For the purpose of judgment, if...

Section 19-2504 - DEFENDANT TO BE BROUGHT BEFORE COURT. - 19-2504. DEFENDANT TO BE BROUGHT BEFORE COURT. When the defendant...

Section 19-2505 - BENCH WARRANT TO ENFORCE ATTENDANCE. - 19-2505. BENCH WARRANT TO ENFORCE ATTENDANCE. If the defendant has...

Section 19-2506 - CLERK TO ISSUE WARRANT. - 19-2506. CLERK TO ISSUE WARRANT. The clerk, on the application...

Section 19-2507 - FORM OF WARRANT. - 19-2507. FORM OF WARRANT. The bench warrant must be substantially...

Section 19-2508 - SERVICE OF WARRANT. - 19-2508. SERVICE OF WARRANT. The bench warrant may be served...

Section 19-2509 - ARREST OF DEFENDANT. - 19-2509. ARREST OF DEFENDANT. Whether the bench warrant is served...

Section 19-2510 - ARRAIGNMENT FOR SENTENCE. - 19-2510. ARRAIGNMENT FOR SENTENCE. When the defendant appears for judgment...

Section 19-2511 - GROUNDS FOR WITHHOLDING JUDGMENT. - 19-2511. GROUNDS FOR WITHHOLDING JUDGMENT. He may show, for cause...

Section 19-2512 - PRONOUNCEMENT OF JUDGMENT. - 19-2512. PRONOUNCEMENT OF JUDGMENT. If no sufficient cause is alleged...

Section 19-2513 - UNIFIED SENTENCE. - 19-2513. UNIFIED SENTENCE. (1) Whenever any person is convicted of...

Section 19-2514 - PERSISTENT VIOLATOR — SENTENCE ON THIRD CONVICTION FOR FELONY. - 19-2514. PERSISTENT VIOLATOR — SENTENCE ON THIRD CONVICTION FOR FELONY....

Section 19-2515 - SENTENCE IN CAPITAL CASES — SPECIAL SENTENCING PROCEEDING — STATUTORY AGGRAVATING CIRCUMSTANCES — SPECIAL VERDICT OR WRITTEN FINDINGS. - 19-2515. SENTENCE IN CAPITAL CASES — SPECIAL SENTENCING PROCEEDING —...

Section 19-2515A - IMPOSITION OF DEATH PENALTY UPON MENTALLY RETARDED PERSON PROHIBITED. - 19-2515A. IMPOSITION OF DEATH PENALTY UPON MENTALLY RETARDED PERSON PROHIBITED....

Section 19-2516 - COST OF PRESENTENCE INVESTIGATION. - 19-2516. COST OF PRESENTENCE INVESTIGATION. If a court orders a...

Section 19-2517 - PRESENTENCE INVESTIGATION REPORT TO INCLUDE RECIDIVISM RATES. - 19-2517. PRESENTENCE INVESTIGATION REPORT TO INCLUDE RECIDIVISM RATES. (1) If...

Section 19-2518 - LIEN OF JUDGMENT FOR FINE. - 19-2518. LIEN OF JUDGMENT FOR FINE. A judgment that the...

Section 19-2519 - ENTRY OF JUDGMENT — RECORD. - 19-2519. ENTRY OF JUDGMENT — RECORD. (a) When judgment upon...

Section 19-2520 - EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON. - 19-2520. EXTENDED SENTENCE FOR USE OF FIREARM OR DEADLY WEAPON....

Section 19-2520B - INFLICTION OF GREAT BODILY INJURY — ATTEMPTED FELONY OR CONSPIRACY — EXTENSION OF PRISON TERM. - 19-2520B. INFLICTION OF GREAT BODILY INJURY — ATTEMPTED FELONY OR...

Section 19-2520C - EXTENSION OF PRISON TERMS FOR REPEATED SEX OFFENSES, EXTORTION AND KIDNAPPING. - 19-2520C. EXTENSION OF PRISON TERMS FOR REPEATED SEX OFFENSES, EXTORTION...

Section 19-2520D - PRIOR FOREIGN CONVICTION. - 19-2520D. PRIOR FOREIGN CONVICTION. Every person who has been found...

Section 19-2520E - MULTIPLE ENHANCED PENALTIES PROHIBITED. - 19-2520E. MULTIPLE ENHANCED PENALTIES PROHIBITED. Notwithstanding the enhanced penalty provisions...

Section 19-2520F - CONSECUTIVE SENTENCES FOR FELONIES COMMITTED IN CORRECTIONAL FACILITIES. - 19-2520F. CONSECUTIVE SENTENCES FOR FELONIES COMMITTED IN CORRECTIONAL FACILITIES. Every...

Section 19-2520G - MANDATORY MINIMUM SENTENCING. - 19-2520G. MANDATORY MINIMUM SENTENCING. (1) Pursuant to section 13, article...

Section 19-2521 - SENTENCING CRITERIA FOR PLACING DEFENDANT ON PROBATION OR IMPOSING IMPRISONMENT. - 19-2521. SENTENCING CRITERIA FOR PLACING DEFENDANT ON PROBATION OR IMPOSING...

Section 19-2522 - EXAMINATION OF DEFENDANT FOR EVIDENCE OF MENTAL CONDITION — APPOINTMENT OF PSYCHIATRISTS OR LICENSED PSYCHOLOGISTS — HOSPITALIZATION — REPORTS. - 19-2522. EXAMINATION OF DEFENDANT FOR EVIDENCE OF MENTAL CONDITION —...

Section 19-2523 - CONSIDERATION OF MENTAL ILLNESS IN SENTENCING. - 19-2523. CONSIDERATION OF MENTAL ILLNESS IN SENTENCING. (1) Evidence of...

Section 19-2524 - CONSIDERATION OF COMMUNITY-BASED TREATMENT TO MEET BEHAVIORAL HEALTH NEEDS IN SENTENCING AND POST-SENTENCING PROCEEDINGS. - 19-2524. CONSIDERATION OF COMMUNITY-BASED TREATMENT TO MEET BEHAVIORAL HEALTH NEEDS...

Chapter 26 - SUSPENSION OF JUDGMENT AND SENTENCE AND PAROLE OFFENDERS

Section 19-2601 - COMMUTATION, SUSPENSION, WITHHOLDING OF SENTENCE — PROBATION. - 19-2601. COMMUTATION, SUSPENSION, WITHHOLDING OF SENTENCE — PROBATION. Whenever any...

Section 19-2601A - BLENDED SENTENCE. - 19-2601A. BLENDED SENTENCE. (1) If the convicted juvenile is a...

Section 19-2602 - VIOLATION OF PROBATION — ARREST. - 19-2602. VIOLATION OF PROBATION — ARREST. If it is proved...

Section 19-2603 - PRONOUNCEMENT AND EXECUTION OF JUDGMENT AFTER VIOLATION OF PROBATION. - 19-2603. PRONOUNCEMENT AND EXECUTION OF JUDGMENT AFTER VIOLATION OF PROBATION....

Section 19-2604 - DISCHARGE OF DEFENDANT — AMENDMENT OF JUDGMENT. - 19-2604. DISCHARGE OF DEFENDANT — AMENDMENT OF JUDGMENT. (1) (a)...

Section 19-2605 - POWERS OF JUDGE AT CHAMBERS. - 19-2605. POWERS OF JUDGE AT CHAMBERS. The powers hereby conferred...

Section 19-2606 - SUSPENDED OFFENDER — DUTY TO REPORT — ORDER ON REPORT. - 19-2606. SUSPENDED OFFENDER — DUTY TO REPORT — ORDER ON...

Section 19-2607 - PAROLE SECURED BY MISREPRESENTATION. - 19-2607. PAROLE SECURED BY MISREPRESENTATION. If at any time after...

Section 19-2608 - PAYMENT OF COURT-ORDERED TESTS OF BREATH OR BODILY FLUIDS. - 19-2608. PAYMENT OF COURT-ORDERED TESTS OF BREATH OR BODILY FLUIDS....

Chapter 27 - EXECUTION

Section 19-2701 - AUTHORITY FOR EXECUTION OF JUDGMENT. - 19-2701. AUTHORITY FOR EXECUTION OF JUDGMENT. When a judgment, other...

Section 19-2702 - EXECUTION ON JUDGMENT FOR FINE. - 19-2702. EXECUTION ON JUDGMENT FOR FINE. If the judgment includes...

Section 19-2703 - EXECUTION OF JUDGMENT OF IMPRISONMENT. - 19-2703. EXECUTION OF JUDGMENT OF IMPRISONMENT. If the judgment is...

Section 19-2704 - DELIVERY OF DEFENDANT TO PENITENTIARY GUARD. - 19-2704. DELIVERY OF DEFENDANT TO PENITENTIARY GUARD. If judgment is...

Section 19-2705 - DEATH SENTENCE OR DEATH WARRANT AND CONFINEMENT THEREUNDER — ACCESS TO CONDEMNED PERSON. - 19-2705. DEATH SENTENCE OR DEATH WARRANT AND CONFINEMENT THEREUNDER —...

Section 19-2708 - SUSPENSION OF JUDGMENT OF DEATH. - 19-2708. SUSPENSION OF JUDGMENT OF DEATH. No judge, court or...

Section 19-2713 - PROCEEDINGS WHEN FEMALE SUPPOSED TO BE PREGNANT. - 19-2713. PROCEEDINGS WHEN FEMALE SUPPOSED TO BE PREGNANT. If there...

Section 19-2714 - FINDING IN CASE OF PREGNANCY. - 19-2714. FINDING IN CASE OF PREGNANCY. If it is found...

Section 19-2715 - MINISTERIAL ACTIONS RELATING TO STAYS OF EXECUTION, RESETTING EXECUTION DATES, AND ORDER FOR EXECUTION OF JUDGMENT OF DEATH. - 19-2715. MINISTERIAL ACTIONS RELATING TO STAYS OF EXECUTION, RESETTING EXECUTION...

Section 19-2716 - INFLICTION OF DEATH PENALTY. - 19-2716. INFLICTION OF DEATH PENALTY. The punishment of death shall...

Section 19-2716A - PRACTICE OF MEDICINE AND POSSESSION OF CONTROLLED SUBSTANCES — EXEMPTION — EXCEPTIONS TO GOVERNMENTAL LIABILITY — CONFIDENTIALITY — LICENSURE. - 19-2716A. PRACTICE OF MEDICINE AND POSSESSION OF CONTROLLED SUBSTANCES —...

Section 19-2718 - RETURN OF DEATH WARRANT. - 19-2718. RETURN OF DEATH WARRANT. After the execution, the executioner...

Section 19-2719 - SPECIAL APPELLATE AND POST-CONVICTION PROCEDURE FOR CAPITAL CASES — AUTOMATIC STAY. - 19-2719. SPECIAL APPELLATE AND POST-CONVICTION PROCEDURE FOR CAPITAL CASES —...

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Idaho Code Title 19 - CRIMINAL PROCEDURE

Idaho Code
Title 19 - CRIMINAL PROCEDURE