Idaho Code
Idaho Code

Idaho Code § 19-1711 (2026)

Objections must be taken by demurrer. 

✓ current as of May 2026
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Objections must be taken by demurrer. 

When the objections declared grounds of demurrer by this chapter appear upon the face of the indictment, they can only be taken by demurrer, except that the objections to the jurisdiction of the court over the subject of the indictment, or that the facts stated do not constitute a public offense, may be taken at the trial under the plea of not guilty, or after the trial in arrest of judgment.

Notes of Decisions
Cited in 5 cases, 1959–1980 · 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 8× “§§ 19-1409 and 19-1411 is a ground for a demurrer, and under I.C. § 19-1711, the sufficiency of an information must be challenged in this manner.”
State v. Hobbs, 611 P.2d 1047 (Idaho 1980). · cites it 4× “§ 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 a public offense," I.C. § 19-1711. [1] The appellant did not invoke any of these procedures, and obviously the pursuit of such…”
State v. Pruett, 428 P.2d 43 (Idaho 1967). · cites it 2× “I.C. §§ 19-1711, 19-1703, 19-1409-1411. The complaint adequately states a public offense; objection, therefore, must have been taken hy demurrer.”
State v. Morris, 340 P.2d 447 (Idaho 1959). · cites it 4× “” and by I.C. § 19-1711, which reads: “When the objections declared grounds of demurrer by this chapter appear upon the face of the indictment, they can only be taken by demurrer, except that the objections to the jurisdiction of the court over the subject of the indictment, or…”
State v. Segovia, 468 P.2d 660 (Idaho 1970). · cites it 2× “§§ 19-1409 or 19-1411 Is a ground for a demurrer, and under I.C. § 19-1711, the sufficiency of an information must be challenged in this manner.”
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