Idaho Code
Idaho Code § 19-1719 (2026)
Conviction or acquittal bars included offenses.
✓ current as of May 2026
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Conviction or acquittal bars included offenses.
When the defendant is convicted or acquitted, or has once been placed in jeopardy upon an indictment, the conviction, acquittal or jeopardy is a bar to another indictment for the offense charged in the former, or for an attempt to commit the same, or for an offense included therein, of which he might have been convicted under that indictment.
Notes of Decisions
Cited in 11
cases, 1963–2014 · leading case: State v. Pratt, 873 P.2d 800 (Idaho 1993).
State v. Pratt, 873 P.2d 800 (Idaho 1993). “Grounds for the motion were: (a) the sentences are unduly harsh and excessive; (b) the sentence is illegal in that it violates Defendant's constitutional protections against double jeopardy; (c) the conviction and sentence imposed for Count XVII, murder in the first degree, bars…”
State v. Hall, 383 P.2d 602 (Idaho 1963). “1, § 13; that the robbery charged in this case was an “included offense” in the murder charge within the meaning of I.C. §§ 19-1719 and 19- *68 2312; that he could have been convicted of robbery under the murder charge, and therefore the present prosecution is barred by the…”
State v. Alanis, 712 P.2d 585 (Idaho 1985). “I.C. § 19-1719 reads as follows: "When the defendant is convicted or acquitted, or has once been placed in jeopardy upon an indictment, the conviction, acquittal or jeopardy is a bar to another indictment for the offense charged in the former, or for an attempt to commit the…”
State v. McCormick, 594 P.2d 149 (Idaho 1979). “Initially raised is the issue of whether a conviction for burglary or rape is barred as a lesser included offense of the other.”
State v. Pratt, 873 P.2d 848 (Idaho 1994). “Pratt was sentenced to a life term with a fixed term of twenty-five years for first degree murder, this sentence to run consecutive to all of his other sentences. On March 29, 1990, Pratt filed an I.”
State v. Campbell, 757 P.2d 230 (Idaho Ct. App. 1988). “I.C. § 19-1719; State v. McCormick, 100 Idaho 111, 114 , 594 P.”
State v. Byington, 81 P.3d 421 (Idaho Ct. App. 2003). “1, § 13 of the Idaho Constitution, and Idaho Code §§ 19-1719 and 19-3902. This contention presents a question of law subject to our free review.”
Peltier v. State, 808 P.2d 373 (Idaho 1991). “§ 19-1719 reads as follows: ‘When the defendant is convicted or acquitted, or has once been placed in jeopardy upon an indictment, the conviction, acquittal or jeopardy is a bar to another indictment for the offense charged in the former, or for an attempt to commit the same, or…”
State v. Ayala, 935 P.2d 174 (Idaho Ct. App. 1996). “Similarly, Ayala’s claim that his conviction offends I.C. § 19-1719 is unavailing. This statute, which bars another prosecution for the offense charged on which the defendant was previously convicted or acquitted, deals with former jeopardy.”
State v. Seamons, 892 P.2d 484 (Idaho Ct. App. 1995). “Idaho Code § 19-1719 is similar to I.C. § 18-301 with the exception that it bars only the recharging of the defendant once an acquittal or conviction is entered as to one charge.”
State v. Bryann Kristine Lemmons (Idaho Ct. App. 2014). “To the extent that Lemmons argues that the district court erred by not acquitting her of delivery in the post-verdict motions, her argument is unavailing.”
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