Idaho Code
Idaho Code

Idaho Code § 19-1901 (2026)

Issue of fact defined. 

✓ current as of May 2026
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Issue of fact defined. 

An issue of fact arises:

1.  Upon a plea of not guilty.
2.  Upon a plea of a former conviction or acquittal of the same offense.
3.  Upon a plea of once in jeopardy.
Notes of Decisions
Cited in 5 cases, 1951–2011 · leading case: State v. Peregrina, 261 P.3d 815 (Idaho 2011).
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State v. Peregrina, 261 P.3d 815 (Idaho 2011). · cites it 12× “§ 19-1902 requires that all issues of fact be tried by a jury does not change this as I.C. § 19-1901 defines issues of fact as those concerning guilt or innocence to be decided at trial.”
Kraft v. State, 603 P.2d 1005 (Idaho 1979). · cites it 2× “Following his direct appeal, appellant filed an application for post-conviction relief under the Uniform Post-Conviction Procedure Act, I.C. §§ 19-1901 to 19-4911. A hearing on the application was held in the Fifth District Court on June 4, 1976.”
United States v. Wesley G. Craner, 652 F.2d 23 (9th Cir. 1981). “2d 1010 (1954) (held that under former law, defendant had right to jury trial de novo on appeal from municipal court judgment); Idaho Code §§ 19-1901 , 19-1902, 49-1102, 49-1104.”
State v. Davis, 238 P.2d 450 (Idaho 1951). · cites it 4× “, nor tried, Section 19-1901, I.C. *454 It was not until the time of pronouncement of judgment, when a motion in arrest thereof was made because of the above incident at the first trial, and that there was no new arraignment at the beginning of the second trial.”
Bronson v. Swinney, 648 F. Supp. 1094 (D. Nev. 1986). “2d 1010 (1954) (held that under former law, defendant had right to jury trial de novo on appeal from municipal court judgment); Idaho Code §§ 19-1901 , 19-1902. [See also Idaho Code §§ 18-8004 , 18-8005.”
— Idaho Code § 19-1901(1) — 1 case
State v. Peregrina, 261 P.3d 815 (Idaho 2011). “§ 19-1902 requires that all issues of fact be tried by a jury does not change this as I.C. § 19-1901 defines issues of fact as those concerning guilt or innocence to be decided at trial.”
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