Idaho Code
Idaho Code § 19-2106 (2026)
Trial of joint defendants.
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Trial of joint defendants.
When two (2) or more defendants are jointly indicted or informed against for a felony or for any criminal offense, the defendants may be tried separately or jointly, in the discretion of the court.
Notes of Decisions
Cited in 5
cases, 1951–1985 · leading case: State v. Sivak, 674 P.2d 396 (Idaho 1983).
State v. Sivak, 674 P.2d 396 (Idaho 1983). “[6] SATTLER, produced as a witness at the instance of the State, having been first duly sworn, was examined and testified as follows: "DIRECT EXAMINATION BY MR.”
State v. Beam, 710 P.2d 526 (Idaho 1985). “BISHOP: Well, Your Honor, under Section 19-2106 we have a joint trial with one jury or we have severed trials whereby each Defendants has a jury.”
State v. Owen, 253 P.2d 203 (Idaho 1953). “As to the first contention that he was not an accessory and would be prejudiced by joint trial, what we have said heretofore disposes of that question.”
State v. Oldham, 438 P.2d 275 (Idaho 1968). “They reason that Leeper was prejudiced by the joint trial because the 22-caliber automatic was admitted in evidence as to appellant Oldham but excluded as to Leeper.”
State v. Huskinson, 226 P.2d 779 (Idaho 1951). “It is apparent that both court and counsel treated the two informations as, in fact, constituting but one information charging the defendants jointly; and considered that defendants could be tried jointly or separately at the court’s discretion under the provisions of Section…”
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