Idaho Code

Idaho Code § 19-1303

Statement of offense charged. 

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Statement of offense charged. 

The offense charged in all informations shall be stated with the same fullness and precision in matters of substance as is required in indictments in like cases, and in all cases defendant or defendants shall have the same rights as to proceedings therein as he or they would have if prosecuted for the same offense upon indictment.

Notes of Decisions
Cited in 19 cases, 1960–2016 · leading case: State v. Arthur Gene Schmierer
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State v. Arthur Gene Schmierer (2016) idaho · cites it 2× “I.C. § 19-1303. Additionally, the provisions of the Idaho Code governing indictments apply equally to informations.”
Stockwell v. State (1977) idaho · cites it 4× “See I.C. § 19-1303. I.C. § 19-3506 provides the following: "19-3506.”
State v. Padilla (1980) idaho · cites it 4× “" I.C. § 19-1303 makes this requirement applicable to informations as well as indictments.”
State v. Brazil (2001) idahoctapp · cites it 2× “A criminal defendant is entitled to be apprised by the charging instrument not only of the name of the offense charged but in general terms of the manner in which it is alleged to have been committed.”
State v. Anderson (1960) idaho · cites it 4× “Such instruction informed the jury that appellant was charged with the indictable misdemeanor of negligent homicide allegedly committed as set out in the charging part of the information (hereinbefore set out), and had pleaded not guilty to the offense.”
State v. Robran (1991) idahoctapp · cites it 2× “I.C. §§ 19-1303,19-1409 through 19-1418; I.”
State v. Sherrod (1998) idahoctapp · cites it 2× “See I.C. §§ 19-1303, -1409 (charging instrument must contain a statement of the acts constituting the offense); I.”
Miller v. State (2000) idahoctapp · cites it 2× “, under the age of sixteen years, to wit: then seven (7) to (8) years of age, by having manual to genital contact with the intent to arouse, appeal to or gratify the lust, passion and sexual desire of the defendant.”
State v. Holcomb (1995) idahoctapp · cites it 2× “See also I.C. §§ 19-1303,19-1409 through 19-1418; State v.”
State v. Lundquist (2000) idaho · cites it 2× “I.C. §§ 19-1303, -1417. Rather than using the word murder, the information charges that Fidela Tomchak died in the commission of a robbery.”
State v. McKeehan (1967) idaho · cites it 2× “§§ 19-1409 to 19-1411, 19-1418 to 19-1420 inclu *815 sive, made applicable to criminal informations by virtue of I.C. § 19-1303. State v. McMahan, 57 Idaho 240 , 65 P.”
Carey v. State (1967) idaho · cites it 2× “If prosecuted by information, an accused may be convicted of no greater criminal offense or degree of offense than one the essential elements of which are charged in the information.”
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