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Idaho Code § 19-1703

Ground for demurrer

The defendant may demur to the indictment when it appears upon the face thereof, either:

(1) That the grand jury by which it was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of the county.

(2) That it does not substantially conform to the requirements of sections 19-1409, 19-1410 and 19-1411.

(3) That more than one offense is charged in the indictment.

(4) That the facts stated do not constitute a public offense.

(5) That the indictment contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.