Idaho Code
Idaho Code

Idaho Code § 19-1710 (2026)

Plea after disallowance. 

✓ current as of May 2026
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Plea after disallowance. 

If the demurrer is disallowed, the court must permit the defendant at his election to plead, which he must do forthwith, or at such time as the court may direct. If he does not plead, the plea of not guilty must be entered for him.

Notes of Decisions
Cited in 2 cases, 1965–1971 · leading case: State v. Ash, 493 P.2d 701 (Idaho 1971).
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State v. Ash, 493 P.2d 701 (Idaho 1971). · cites it 4× “I.C. § 19-1710. Therefore, the defendant's mere refusal to plead did not constitute a contested matter submitted for decision.”
Application of Carpenter, 401 P.2d 800 (Idaho 1965). · cites it 2× “On remand to the lower court, Carpenter refused to plead to the amended information and the trial court, pursuant to the provisions of I.C. §§ 19-1710 and 19-1720, entered a plea of not guilty for the defendant, denied the appellant’s request that bail be fixed, and appellant…”
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