Idaho Code

Idaho Code § 19-1401 (2026)

Indictment, how found. 

✓ current as of May 2026
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Indictment, how found. 

An indictment cannot be found without the concurrence of at least twelve (12) grand jurors. When so found it must be endorsed, a true bill, and the endorsement must be signed by the foreman of the grand jury.

Notes of Decisions
Cited in 5 cases, 1953–2018 · leading case: State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018).
State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018). · cites it 16× “” I.C. § 19-1401. “Since the indictment or information provides subject matter jurisdiction to the court, the court’s jurisdictional power depends on the charging document being legally sufficient to survive challenge.”
State v. Flegel, 261 P.3d 519 (Idaho 2011). · cites it 4× “Idaho Code section 19-1401 provides, "An indictment cannot be found without the concurrence of at least twelve (12) grand jurors.”
State v. Arthur Gene Schmierer, 367 P.3d 163 (Idaho 2016). · cites it 2× “” I.C. § 19-1401. Contrastingly, an information must be endorsed by the prosecutor and cannot be filed “against any person for any offense until such person shall have had a preliminary examination .”
Gasper v. Dist. Court of Seventh Jud. Dist., 264 P.2d 679 (Idaho 1953). “” A copy of the indictment is attached to the plaintiff’s affidavit. From this it appears that the words, “true bill” were placed thereon under the title of the court opposite the title of the cause.”
Alik G. Takhsilov v. State (Idaho Ct. App. 2016). · cites it 2× “§ 18-6501, and one count of burglary, I.C. § 19-1401, and the other charges were dismissed.”
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