Idaho Code
Idaho Code § 19-1707 (2026)
Effect of judgment.
✓ current as of May 2026
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Effect of judgment.
If the demurrer is allowed, the judgment is final upon the indictment demurred to, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new indictment, directs the case to be resubmitted to the same or another grand jury.
Notes of Decisions
Cited in 2
cases, 1959–1961 · leading case: State v. Morris, 340 P.2d 447 (Idaho 1959).
State v. Morris, 340 P.2d 447 (Idaho 1959). “” The court sustained the demurrer, but afforded appellant opportunity to file a new or amended information to avoid the objection on which the demurrer was allowed, as provided by I.”
State v. Henry, 359 P.2d 514 (Idaho 1961). “§ 19-1707 provides that if a demurrer is allowed the judgment is final unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new indictment (or complaint) directs that the cause be resubmitted.”
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