Idaho Code § 19-1419
Defects of form.
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Defects of form.
No indictment is insufficient, nor can the trial, judgment, or other proceeding thereon, be affected, by reason of any defect or imperfection in matter of form, which does not tend to the prejudice of a substantial right of the defendant upon its merits.
Notes of Decisions
Cited in 11
cases, 1953–2018 · leading case: State v. Erik Virgil Hall
State v. Erik Virgil Hall (2018)
“” I.C. § 19-1419. There are several express statutory grounds for setting aside an indictment.”
State v. LaMere (1982)
“§ 19-1420 was originally enacted as an amendment to I.C. § 19-1419, it is important in considering "prejudice" that the latter, § 19-1419, speaks in terms of allowing only that "which does not tend to the prejudice of a substantial right of the defendant upon its [the trial,…”
State v. Arthur Gene Schmierer (2016)
“Idaho Code section 19-1419 provides that “[n]o indictment is insufficient, nor can the trial, judgment, or other proceeding thereon, be affected, by reason of any defect or imperfection in matter of form, which does not tend to the prejudice of a substantial right of the…”
State v. Darbin (1985)
“Although the inclusion of the word "not" significantly changes the nature of the offense, Idaho Code § 19-1419 states: "No indictment is insufficient, nor can the trial, judgment, or other proceeding thereon, *925 be affected, by reason of any defect or imperfection in matter of…”
State v. McKeehan (1967)
“, I.C. § 19-1419, which specifically provides that “[n]o indictment [information] is insufficient, nor can the trial, judgment, or other proceeding thereon, be affected, by reason of any defect or imperfection in matter of form, which does not tend to the prejudice of a…”
State v. Grady (1965)
“It is the state’s position that under the provisions of I.C. § 19-1419, no indictment is insufficient, nor can the trial, judgment or other proceedings thereon, be affected, by reason of any defect or imperfection in matter of form which does not prejudice the substantial right…”
State v. Polson (1968)
“Defendant contends that the trial court erred in permitting the state to call Carl Holm as a witness and, in the presence of the jury, extract from him a refusal to testify on the ground that his testimony would tend to incriminate him; also the action of the court in permitting…”
State v. Parish (1957)
“" § 19-1419, I.C. "Neither a departure from the form or mode prescribed by this code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice in respect to a…”
Gasper v. District Court of Seventh Judicial Dist. (1953)
“Section 19-1419, I.C., provides: “No indictment is insufficient, nor can the trial, judgment, or other pro *393 ceeding thereon, be affected, by reason of any defect or imperfection in matter of form, which does not tend to the prejudice of a substantial right of the defendant…”
State v. Bullis (1970)
“I.C. § 19-1419 provides that no indictment is insufficient by reason of any defect in matter of form which does not prejudice a substantial right of a defendant.”
State v. Martinez (1965)
“” We are further guided by the provisions of I.C. § 19-1419, which states: “No indictment is insufficient, nor can the trial, judgment, or other proceeding thereon, be affected, by reason of any defect or imperfection in matter of form, which does not tend to the prejudice of a…”
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