Idaho Code
Idaho Code

Idaho Code § 19-1409 (2026)

Requirements of indictment. 

✓ current as of May 2026
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Requirements of indictment. 

The indictment must contain:

1.  The title of the action, specifying the name of the court to which the indictment is presented, and the names of the parties.
2.  A statement of the acts constituting the offense in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Notes of Decisions
Cited in 31 cases, 1953–2015 · leading case: State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015).
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State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015). · cites it 6× “28 He also relies on Idaho Criminal Rule 7(b), which states, “[t]he indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged,” and Idaho Code section 19-1409, which states that the indictment…”
State v. Padilla, 620 P.2d 286 (Idaho 1980). · cites it 12× “The McMahan Court found that both the precursor to I.C. § 19-1409(2) and the due process clause of the Idaho Constitution, Art.”
State v. Severson, 215 P.3d 414 (Idaho 2009). · cites it 4× “See I.C. § 19-1409(2) (stating that the indictment must contain "[a] statement of the acts constituting the offense in ordinary and concise language"); I.”
State v. Gumm, 585 P.2d 959 (Idaho 1978). · cites it 16× “Not only is this specificity requirement statutory (see I.C. §§ 19-1409 to 19-1411, 19-1418 to 19-1420 inclusive), but it is also rooted deeply in constitutional guarantees.”
State v. Darbin, 708 P.2d 921 (Idaho Ct. App. 1985). · cites it 8× “1982); I.C. §§ 19-1409 to -1418; I.C.R. 7(b). In the discretion of the trial court, an information may be amended after the time the defendant pleads so long as the amendment does not prejudice the defendant's rights.”
State v. Owens, 619 P.2d 787 (Idaho 1980). · cites it 4× “" I.C. § 19-1409(2); I.C. §§ 19-1411 and -1418; In re Winn, 28 Idaho 461 , 154 P.”
State v. Lopez, 570 P.2d 259 (Idaho 1977). · cites it 4× “§ 19-3901 imposes the same requirement of stating an offense as do I.C. §§ 19-1409, -1411, the sections involving indictments which the Court was interpreting in McMahan.”
State v. Griffith, 481 P.2d 34 (Idaho 1971). · cites it 8× “” Appellants object in particular to the charge of having taken property “from the person of, or immediate presence of” Wakefield, and claim that such language is misleading in that it “appears to give the appellants notice of two possibilities of crimes, but does not notify…”
State v. Clark, 772 P.2d 263 (Idaho Ct. App. 1989). · cites it 2× “1982); I.C. §§ 19-1409, 19-1411, and 19-1418. In this case, the offense is defined by the conjunction of two statutes.”
State v. Lenz, 651 P.2d 566 (Idaho Ct. App. 1982). · cites it 4× “I.C. § 19-1409(2); see also State v. Owens, supra.”
State v. McKeehan, 430 P.2d 886 (Idaho 1967). · cites it 4× “The pertinent statutory provisions are found in I.C. §§ 19-1409 to 19-1411, 19-1418 to 19-1420 inclu *815 sive, made applicable to criminal informations by virtue of I.”
State v. Jones, 89 P.3d 881 (Idaho Ct. App. 2003). · cites it 2× “See also I.C. § 19-1409; State v. Owen, 129 Idaho 920, 926 , 935 P.”
Show all 31 citing cases →
— Idaho Code § 19-1409(2) — 10 cases
State v. Padilla, 620 P.2d 286 (Idaho 1980). “The McMahan Court found that both the precursor to I.C. § 19-1409(2) and the due process clause of the Idaho Constitution, Art.”
State v. Severson, 215 P.3d 414 (Idaho 2009). “See I.C. § 19-1409(2) (stating that the indictment must contain "[a] statement of the acts constituting the offense in ordinary and concise language"); I.”
State v. Owens, 619 P.2d 787 (Idaho 1980). “" I.C. § 19-1409(2); I.C. §§ 19-1411 and -1418; In re Winn, 28 Idaho 461 , 154 P.”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015). “28 He also relies on Idaho Criminal Rule 7(b), which states, “[t]he indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged,” and Idaho Code section 19-1409, which states that the indictment…”
State v. Darbin, 708 P.2d 921 (Idaho Ct. App. 1985). “1982); I.C. §§ 19-1409 to -1418; I.C.R. 7(b). In the discretion of the trial court, an information may be amended after the time the defendant pleads so long as the amendment does not prejudice the defendant's rights.”
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