Idaho Code
Idaho Code § 19-1106 (2026)
Evidence for defendant.
✓ current as of May 2026
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Evidence for defendant.
The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should order such evidence to be produced, and for that purpose may require the prosecuting attorney to issue process for the witnesses.
Notes of Decisions
Cited in 1
case, 1977–1977 · leading case: Stockwell v. State, 573 P.2d 116 (Idaho 1977).
Stockwell v. State, 573 P.2d 116 (Idaho 1977). “) I.C. § 19-1106. [4] That a magistrate, like a grand jury, has the right to weigh the evidence presented at the preliminary hearing and, if he sees fit, to bind the defendant over on a lesser charge than that brought by the prosecution, has always been understood to be the law…”
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