Idaho Code
Idaho Code

Idaho Code § 19-1107 (2026)

Sufficiency of evidence to warrant indictment. 

✓ current as of May 2026
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Sufficiency of evidence to warrant indictment. 

The grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1953–2025 · leading case: Stockwell v. State, 573 P.2d 116 (Idaho 1977).
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Stockwell v. State, 573 P.2d 116 (Idaho 1977). · cites it 4× “" I.C. § 19-1107. In their judgment, not that of the prosecutor.”
State v. Jones, 873 P.2d 122 (Idaho 1994). · cites it 4× “Idaho Code § 19-1107 states that "[t]he grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.”
State v. Marsalis, 264 P.3d 979 (Idaho Ct. App. 2011). · cites it 4× “Idaho Code § 19-1107 states, "The grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.”
State v. Martinez, 872 P.2d 708 (Idaho 1994). · cites it 2× “Idaho Code § 19-1107 states that “[t]he grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.”
Commonwealth v. St. Pierre, 387 N.E.2d 1135 (Mass. 1979). “Some States, while not restricting the evidence admissible before grand juries, apply to indictments the standard of sufficiency demanded in such probable cause hearings.”
State v. Brandstetter, 908 P.2d 578 (Idaho Ct. App. 1995). · cites it 4× “Idaho Code § 19-1107 provides: Sufficiency of evidence to warrant indictment.”
Gasper v. Dist. Court of Seventh Jud. Dist., 264 P.2d 679 (Idaho 1953). · cites it 2× “Section 19-1107, I.C., is as follows: “The grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.”
State v. Susavage (Idaho Ct. App. 2025). · cites it 2× “Susavage argues the indictment should have been dismissed because the State engaged in prosecutorial misconduct by presenting the jail booking photo of Susavage, taken after his arrest in this case. According to Susavage, this evidence was so prejudicial that the photo was the…”
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