Idaho Code
Idaho Code § 19-1411 (2026)
Certainty required of indictment.
✓ current as of May 2026
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Certainty required of indictment.
It must be direct and certain as it regards:
1. The party charged.
2. The offense charged.
3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense.
Notes of Decisions
Cited in 12
cases, 1956–2009 · leading case: State v. Severson, 215 P.3d 414 (Idaho 2009).
State v. Severson, 215 P.3d 414 (Idaho 2009). “§ 19-1418(6) & (7) (stating that an indictment is sufficient if "the act or omission charged as the offense is clearly and distinctly set forth" and "is stated with such a degree of certainty as to enable the court to pronounce judgment upon conviction"); I.C. § 19-1411(3)…”
State v. Gumm, 585 P.2d 959 (Idaho 1978). “" Because of the lack of specificity in the information before us, we find that the motion to dismiss raises an objection which was formerly a ground for demurrer under I.”
State v. Owens, 619 P.2d 787 (Idaho 1980). “§ 19-1409(2); I.C. §§ 19-1411 and -1418; In re Winn, 28 Idaho 461 , 154 P.”
State v. Brazil, 33 P.3d 218 (Idaho Ct. App. 2001). “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. Grady, 404 P.2d 347 (Idaho 1965). “I.C. § 19-1411 requires that the information or indictment must be direct and certain as to the party charged, the offense charged and “The particular circumstances of the offense charged, when they are necessary to constitute a complete offense.”
State v. Sherrod, 951 P.2d 1283 (Idaho Ct. App. 1998). “Under Idaho statutes, a criminal defendant is entitled to be apprised by the *60 charging instrument not only of the name of the offense charged but in general terms of the manner m which it is alleged to have been committed.”
State v. Shannon, 507 P.2d 808 (Idaho 1973). “§ 19-1409 4 and I.C. § 19-1411 5 concerning the adequacy of indictments are thus applicable to informations.”
State v. Hall, 383 P.2d 602 (Idaho 1963). “§ 18-6501 as follows: “Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” It is obvious from this definition that the murder information did not…”
State v. Roy, 899 P.2d 441 (Idaho 1995). “1, § 13); I.C. § 19-1411. In felony cases, this is accomplished by way of an indictment or information.”
State v. Hahn, 441 P.2d 714 (Idaho 1968). “[4] See I.C. § 19-1411(2). [5] I.C. § 49-901. [6] Cf.”
State v. Eubanks, 294 P.2d 273 (Idaho 1956). “The defendant demurred specially as follows : “That said information does not substantially conform to requirements of Section 19-1411, Idaho Code, in that information is not direct and certain as regards the offense charged nor the particular circumstances thereof, for the…”
Abercrombie v. State, 428 P.2d 505 (Idaho 1967). “See I.C. §§ 19-1411 and 19-1418(6) and 19-1418(7).”
— Idaho Code § 19-1411(2) — 1 case
State v. Hahn, 441 P.2d 714 (Idaho 1968). “[4] See I.C. § 19-1411(2). [5] I.C. § 49-901. [6] Cf.”
— Idaho Code § 19-1411(3) — 1 case
State v. Severson, 215 P.3d 414 (Idaho 2009). “§ 19-1418(6) & (7) (stating that an indictment is sufficient if "the act or omission charged as the offense is clearly and distinctly set forth" and "is stated with such a degree of certainty as to enable the court to pronounce judgment upon conviction"); I.C. § 19-1411(3)…”
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