Preliminary examination necessary.
No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor, as provided by law, before a justice of the peace, or other examining magistrate or officer, unless such person shall waive his right to such examination: provided, that information may be filed without such examination against fugitives from justice, and any fugitive from justice against whom an information shall be filed may be demanded by the governor of this state of the executive authority of any other state or territory, or of any foreign government, in the same manner, and the same proceedings may be had thereon, as provided by law in like cases of demand upon indictment filed.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1967–2021 · leading case:
State v. O'NEILL
State v. O'NEILL (1990)
idaho · cites it 12×
“An additional issue has been raised on appeal by members of this Court, concerning the legality of the amendment of the Information on February 5, 1988, and the defendant being held for trial on that charge as stated in the Amended Information without a preliminary hearing…”
State v. Dunn (1967)
idaho · cites it 4×
“) I.C. § 19-1308 provides: "No information shall be filed against any person for any offense *92 until such person shall have had a preliminary examination therefor, * * *.”
State v. McKeehan (1967)
idaho · cites it 2×
“The Idaho Constitution, Article 1, Section 8, provides that “[n]o person shall be held to answer for any felony or criminal offense of any grade, unless on presentment or indictment of a grand jury or on information of the public prosecutor, after a commitment by a magistrate *…”
State v. Shannon (1973)
idaho
“§ 19-1308 which provides: “No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor, as provided by law, before a justice of the peace, or other examining magistrate or officer, unless such person shall…”
State v. Matthew Larry Pridgen (2016)
idahoctapp · cites it 4×
“unless such person shall waive his right to such examination.” Moreover, an amended information may not “charge an offense other than that for which the defendant has been held to answer” at a preliminary hearing.”
State v. Daniel George Johnston (2016)
idahoctapp · cites it 4×
“” Further, I.C. § 19-1308 provides, “No information shall be filed against any person for any offense until such person shall have had a preliminary examination .”
State v. Fletcher (2021)
idahoctapp · cites it 2×
“I.C. § 19-1308 (noting accused may waive preliminary examination); Schmierer, 159 Idaho at 771 , 367 P.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.