Idaho Code
Idaho Code § 19-1717 (2026)
What is not a former acquittal.
✓ current as of May 2026
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What is not a former acquittal.
If the defendant was formerly acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.
Notes of Decisions
Cited in 2
cases, 1977–1980 · leading case: Stockwell v. State, 573 P.2d 116 (Idaho 1977).
Stockwell v. State, 573 P.2d 116 (Idaho 1977). “I.C. § 19-1717 provides: "19-1717. What is not a former acquittal.”
State v. Horn, 610 P.2d 551 (Idaho 1980). “I.C. § 19-1717." 98 Idaho at 815 , 573 P.”
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