Idaho Code
Idaho Code

Idaho Code § 19-1703 (2026)

Ground for demurrer. 

✓ current as of May 2026
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Ground for demurrer. 

The defendant may demur to the indictment when it appears upon the face thereof, either:

1.  That the grand jury by which it was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of the county.
2.  That it does not substantially conform to the requirements of sections 19-1409, 19-1410 and 19-1411.
3.  That more than one offense is charged in the indictment.
4.  That the facts stated do not constitute a public offense.
5.  That the indictment contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.
Notes of Decisions
Cited in 14 cases, 1955–1980 · leading case: State v. Gumm, 585 P.2d 959 (Idaho 1978).
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State v. Gumm, 585 P.2d 959 (Idaho 1978). · cites it 12× “the particular circumstances of the offense charged, when they are necessary to constitute a complete offense.”
State v. Murphy, 584 P.2d 1236 (Idaho 1978). · cites it 4× “” Because the Nez Perce Prosecuting Attorney’s office swore out criminal informations against defendants Murphy and Olson on September 8 and October 6,1976 respectively for an alleged sale of heroin stated in the informations to have occurred on August 30, 1975, the…”
State v. Hobbs, 611 P.2d 1047 (Idaho 1980). · cites it 4× “If it failed to do so, available to the appellant was the opportunity to demur to the information under the provisions of I.C. § 19-1703(4), or raise the objection at trial, or after trial, by motion in arrest of judgment, on grounds that the facts established "do not constitute…”
State v. Oldham, 438 P.2d 275 (Idaho 1968). · cites it 2× “The essence of the latter two code sections is that an indictment must contain a statement of the acts constituting the offense in ordinary and concise language, in a manner such as to enable a person of common understanding to know what is intended, and that it must be direct…”
State v. Hahn, 441 P.2d 714 (Idaho 1968). · cites it 4× “I.C. § 19-1703(4). Appellant waived jury trial, and both parties submitted the cause for decision upon stipulated facts.”
State v. Jennings, 518 P.2d 1186 (Idaho 1974). · cites it 3× “Idaho Code section 19-1703 provides: “Ground for demurrer.”
City of Lewiston v. Mathewson, 303 P.2d 680 (Idaho 1956). · cites it 2× “Appellant City perfected an appeal from such order. Appellant’s single assignment of error presents the question, whether the ordinance is void, upon which must depend the charge of the criminal complaint.”
State v. Segovia, 468 P.2d 660 (Idaho 1970). · cites it 2× “” Under I.C. § 19-1703, the failure of an information to conform to the requirements of I.”
State v. Morris, 340 P.2d 447 (Idaho 1959). · cites it 2× “Respondent demurred to the evidence, which the trial court treated as a demurrer to the information as permitted by I.C. § 19-1703, which provides: “The defendant may demur to the indictment when it appears upon the face thereof, either: * $ * * * * “4.”
State v. Henry, 359 P.2d 514 (Idaho 1961). · cites it 2× “I.C. § 19-1703. See State v. Griffith, 55 Idaho 60 , 37 P.”
Application of Martin, 279 P.2d 873 (Idaho 1955). “It is, therefore, a civil contempt proceeding. 17 C.J.S., Contempt, §§ 5 and 6; 12 Am.”
State v. Webb, 279 P.2d 634 (Idaho 1955). “Appellant’s demurrer and motion in arrest of judgment were proper pleadings in this case, although they may not have been his exclusive remedy.”
Show all 14 citing cases →
— Idaho Code § 19-1703(2) — 1 case
State v. Oldham, 438 P.2d 275 (Idaho 1968). “The essence of the latter two code sections is that an indictment must contain a statement of the acts constituting the offense in ordinary and concise language, in a manner such as to enable a person of common understanding to know what is intended, and that it must be direct…”
— Idaho Code § 19-1703(4) — 3 cases
State v. Hobbs, 611 P.2d 1047 (Idaho 1980). “If it failed to do so, available to the appellant was the opportunity to demur to the information under the provisions of I.C. § 19-1703(4), or raise the objection at trial, or after trial, by motion in arrest of judgment, on grounds that the facts established "do not constitute…”
State v. Hahn, 441 P.2d 714 (Idaho 1968). “I.C. § 19-1703(4). Appellant waived jury trial, and both parties submitted the cause for decision upon stipulated facts.”
State v. Webb, 279 P.2d 634 (Idaho 1955). “Appellant’s demurrer and motion in arrest of judgment were proper pleadings in this case, although they may not have been his exclusive remedy.”
— Idaho Code § 19-1703(5) — 1 case
State v. Murphy, 584 P.2d 1236 (Idaho 1978). “” Because the Nez Perce Prosecuting Attorney’s office swore out criminal informations against defendants Murphy and Olson on September 8 and October 6,1976 respectively for an alleged sale of heroin stated in the informations to have occurred on August 30, 1975, the…”
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