Idaho Code

Idaho Code § 19-1420

Amendment of indictment. 

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Amendment of indictment. 

An indictment or information may be amended by the prosecuting attorney without leave of the court, at any time before the defendant pleads, and at any time thereafter, in the discretion of the court, where it can be done without prejudice to the substantial rights of the defendant. An information or indictment cannot be amended so as to charge an offense other than that for which the defendant has been held to answer.

Notes of Decisions
Cited in 39 cases (5 in the last 5 years), 1956–2025 · leading case: State v. O'NEILL
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State v. O'NEILL (1990) idaho · cites it 32× “I.C. § 19-1420. See, State v. Thompson [ 392 S.”
State v. LaMere (1982) idaho · cites it 32× “The appellant first alleges that the granting of the State's motion for leave to file an amended information on the eve of the trial violated the appellant's right of due process under the United States Constitution as well as his right under I.C. § 19-1420. [2] The appellant…”
State v. Severson (2009) idaho · cites it 4× “7(e); see also I.C. § 19-1420; State v. O'Neill, 118 Idaho 244, 249 , 796 P.”
State v. Jeske (2019) idaho · cites it 4× “7(e) ; see also I.C. § 19-1420 ; State v. O'Neill , 118 Idaho 244 , 249, 796 P.”
State v. Adamcik (2012) idaho · cites it 4× “Under the terms of the statute [Idaho Code section 19-1420] he may ask for a verdict of guilty if the evidence is sufficient to satisfy the jury upon either theory.”
State v. Arthur Gene Schmierer (2016) idaho · cites it 4× “7(e); see also I.C. § 19-1420. However, “[a]n information or indictment cannot be amended so as to charge an offense other than that for which the defendant has been held to answer.”
State v. Windsor (1985) idaho · cites it 4× “And, if the Constitution was not authority enough, the legislature, which is the voice of the people, has also ruled in I.C. § 19-1420 that "[a]n information or indictment cannot be amended so as to charge an offense other than that for which the defendant has been held to…”
State v. Flegel (2011) idaho · cites it 4× “" Because a felony can only be prosecuted by an indictment found by a grand jury or by an information based upon the commitment of a magistrate (following a preliminary hearing or its waiver), Idaho Code section 19-1420 provides, "An information or indictment cannot be amended…”
State v. Beard (2001) idahoctapp · cites it 2× “) See also I.C. §§ 19-1420, -1419. Generally, a district court’s decision under Rule 7(e) is reviewed for an abuse of discretion.”
State v. Darbin (1985) idahoctapp · cites it 4× “I.C. § 19-1420; State v. LaMere, 103 Idaho 839 , 655 P.”
State v. Colwell (1993) idahoctapp · cites it 4× “Although the rules for amending an Information in this state are liberal, see I.C. § 19-1420, any amendment which charges the accused with a crime of greater degree or a different nature than that for which the accused was bound over for trial by the committing magistrate is…”
State v. Gumm (1978) idaho · cites it 4× “" I.C. § 19-1420. The issue before us then is whether the trial judge abused his discretion in refusing leave to amend this information.”
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