Idaho Code
Idaho Code

Idaho Code § 19-2105 (2026)

Doubt as to degree of crime. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Doubt as to degree of crime. 

When it appears that the defendant has committed a public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be convicted of the lowest of such degrees only.

Notes of Decisions
Cited in 8 cases, 1956–1994 · leading case: State v. Aragon, 690 P.2d 293 (Idaho 1984).
Sort: Relevance Newest Treatment
State v. Aragon, 690 P.2d 293 (Idaho 1984). · cites it 40× “See, Idaho Code § 19-2105 ; State v. Hunter, 55 Idaho 161 39 P.”
State v. Pratt, 873 P.2d 848 (Idaho 1994). · cites it 8× “This provision remains substantively unchanged, now codified at I.C. § 19-2105. In State v. Koho, 91 Idaho 450, 455 , 423 P.”
State v. Haggard, 404 P.2d 580 (Idaho 1965). · cites it 3× “Since, because of such doubt, the verdict of first degree burglary cannot be sustained, in compliance with the statute, I.C. § 19-2105, the verdict must be given effect as a verdict of guilty of burglary of the second degree.”
Carey v. State, 429 P.2d 836 (Idaho 1967). · cites it 2× “If the jury has “reasonable ground of doubt in which of two or more degrees he [the defendant] is guilty, he can be convicted of the lowest of such degrees only”, I.C. § 19-2105, and the judge upon request must so instruct the jury.”
State v. Koho, 423 P.2d 1004 (Idaho 1967). · cites it 2× “” Defendant contends that the last paragraph of the instruction was erroneous in that it did not follow' the language of the statute, I.C. § 19-2105. The defendant’s requested instruction 22 followed the language of the statute.”
State v. Darrah, 435 P.2d 914 (Idaho 1968). · cites it 2× “I.C. § 19-2105. Defendants also contend that the evidence was insufficient to sustain their conviction.”
State v. Goodmiller, 386 P.2d 365 (Idaho 1963). “’ § 19-2105, I.C. “The state is required to allege and prove the time of day only when it seeks a conviction of the first degree.”
State v. Eubanks, 294 P.2d 273 (Idaho 1956). “” § 19-2105, I.C. The state is required to allege and prove the time of day only when it seeks a conviction of the first degree.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.