Idaho Code

Idaho Code § 19-1602 (2026)

Waiver of objections.

✓ current as of May 2026

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Waiver of objections.

If the motion to set aside the indictment is not made the defendant is precluded from afterward taking the objections mentioned in the last section.

Notes of Decisions

Cited in 3 cases, 1953–1964 · leading case: Freeman v. State, 392 P.2d 542 (Idaho 1964).

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Freeman v. State, 392 P.2d 542 (Idaho 1964). · cites it 2× “” See also I.C. § 19-1602; State v. Clark, 4 Idaho 7 , 35 P.”

State v. Bedwell, 286 P.2d 641 (Idaho 1955). · cites it 2× “He waived the irregularity, I.C. § 19-1602. Moreover the irregularity, if such there was, did not deprive the district court of jurisdiction to try appellant.”

Gasper v. Dist. Court of Seventh Jud. Dist., 264 P.2d 679 (Idaho 1953). “In § 19-1602, I.C., the legislature has said that if the defendant does not object to such defects by motion to set the indictment aside, he waives such objections.”

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