Idaho Code
Idaho Code

Idaho Code § 19-1601 (2026)

Grounds for setting aside indictment. 

✓ current as of May 2026
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Grounds for setting aside indictment. 

The indictment must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases:

1.  When it is not found, endorsed and presented as prescribed in this code.
2.  When the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, are not inserted at the foot of the indictment, or endorsed thereon.
3.  When a person is permitted to be present during the session of the grand jury, and when the charge embraced in the indictment is under consideration, except as provided in chapter 11 of this title.
4.  When the defendant has not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror.
Notes of Decisions
Cited in 5 cases, 1951–2018 · leading case: State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018).
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State v. Erik Virgil Hall, 419 P.3d 1042 (Idaho 2018). · cites it 8× “See I.C. § 19-1601. “The indictment must be set aside by the court in which the defendant is arraigned, upon his motion .”
Gasper v. Dist. Court of Seventh Jud. Dist., 264 P.2d 679 (Idaho 1953). · cites it 2× “However, there is one ground urged in the motion to set aside the indictment which is not a statutory, § 19-1601, I.C., ground for such motion; namely, alleged errors in the court’s charge to the grand jury.”
State v. Davis, 238 P.2d 450 (Idaho 1951). · cites it 2× “At the opening of the second trial no objection was made and no pleas of former or once in jeopardy or former acquittal were interposed as required by Sections 19-1601, 1712, 1713, I. C., nor tried, Section 19-1901, I.”
State v. Bauman, 406 P.2d 810 (Idaho 1965). · cites it 4× “I.C. § 19-1601 provides the grounds for setting aside an indictment upon motion.”
State v. Kyle Daniel Day (Idaho Ct. App. 2012). · cites it 2× “________________________________________________ Before GRATTON, Chief Judge; LANSING, Judge; and GUTIERREZ, Judge PER CURIAM Kyle Daniel Day pleaded guilty to rape, Idaho Code § 19-1601 (1). The district court sentenced Day to a unified term of twenty years, with a minimum…”
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