Idaho Code
Idaho Code

Idaho Code § 19-1304 (2026)

Provisions concerning indictment applicable to information. 

✓ current as of May 2026
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Provisions concerning indictment applicable to information. 

The provisions of this code in relation to indictments, and all other provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials and punishments, or the execution of any sentence, and to all other proceedings in cases of indictment, whether in the court of original or appellate jurisdiction, shall in the same manner and to the same extent, as near as may be, apply to informations and all prosecutions and proceedings thereon.

Notes of Decisions
Cited in 13 cases, 1955–2016 · leading case: State v. Arthur Gene Schmierer, 367 P.3d 163 (Idaho 2016).
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State v. Arthur Gene Schmierer, 367 P.3d 163 (Idaho 2016). · cites it 3× “See I.C. § 19-1304; State v. McKeehan, 91 Idaho 808, 818 , 430 P.”
State v. Hobson, 579 P.2d 697 (Idaho 1978). · cites it 4× “I.C. § 19-1304. [2] Three terms of court are held in the Fourth Judicial District each year.”
State v. Russell, 696 P.2d 909 (Idaho 1985). · cites it 4× “…protective of the rights of accused citizens than the seeming dictates of the High Court. I.C. § 19-851, et seq.; I.C. § 19-1304.”
State v. Campbell, 662 P.2d 1149 (Idaho Ct. App. 1983). · cites it 2× “See I.C. § 19-1304; State v. Hobson, 99 Idaho 200 , 579 P.”
State v. Shannon, 507 P.2d 808 (Idaho 1973). · cites it 4× “I.C. § 19-1304. 4 . I.C. § 19-1409 states: “Requirements of indictment.”
State v. Lenz, 651 P.2d 566 (Idaho Ct. App. 1982). · cites it 2× “2d 787, 792 (1980); see also I.C. §§ 19-1304, 19-1411. The Information must adequately set forth *634 the nature and circumstances of the offense charged to enable a person of ordinary understanding to know what is intended in the charge.”
Martin v. Lyons, 558 P.2d 1063 (Idaho 1977). · cites it 4× “Instead he gave respondent no notice whatever of the demand by the probate court, choosing no doubt to pay over the $500.00 readily and in that manner insure his relationship with the court, whatever it may have been.”
State v. Sydney Lorelei Neal, 314 P.3d 166 (Idaho 2013). · cites it 2× “I.C § 19-1304. Therefore, “[a]n information need not contain the precise time at which a crime is alleged to have been committed where time is not a material element of the crime charged.”
State v. Mowrey, 429 P.2d 425 (Idaho 1967). · cites it 2× “” I.C. § 19-1304 makes the provisions of the code in relation to indictments applicable, as near as may be, to informations and proceedings thereon.”
State v. Webb, 279 P.2d 634 (Idaho 1955). · cites it 2× “We fail to find that the motion in arrest of judgment has been waived, as contended by the State, since the record shows the trial court denied the motion.”
State v. Morris, 340 P.2d 447 (Idaho 1959). · cites it 2× “” I.C. § 19-1304 provides that the provisions of the Code in relation to indictments shall, as near as may be, apply to in-formations upon all prosecutions and proceedings thereon.”
State v. Bauman, 406 P.2d 810 (Idaho 1965). · cites it 2× “«* * t- ” *521 I.C. § 19-1304 makes the provision of the code concerning indictments applicable to informations.”
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