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Home » US Law » 2022 Idaho Code » Title 19 - CRIMINAL PROCEDURE » Chapter 12 - PRESENTMENT AND PROCEEDINGS THEREON

Section 19-1201 – PRESENTMENT, HOW FOUND.

19-1201. PRESENTMENT, HOW FOUND. A presentment cannot be found without the concurrence of at least twelve (12) grand jurors. When so found, it must be signed by the foreman. History: [(19-1201) Cr. Prac. 1864, sec. 216, p. 239; R.S., R.C., & C.L., sec. 7647; C.S., sec. 8802; I.C.A., sec. 19-1101.]

Section 19-1202 – MUST BE PRESENTED TO COURT.

19-1202. MUST BE PRESENTED TO COURT. The presentment, when found, must be presented by the foreman, in presence of the grand jury, to the court, and must be filed with the clerk. History: [(19-1202) Cr. Prac. 1864, sec. 217, p. 239; R.S., R.C., & C.L., sec. 7648; C.S., sec. 8803; I.C.A., sec. 19-1102.]

Section 19-1203 – COURT MAY ORDER BENCH WARRANT.

19-1203. COURT MAY ORDER BENCH WARRANT. If the facts stated in the presentment constitute a public offense, triable in the county, the court must direct the clerk to issue a bench warrant for the arrest of the defendant. History: [(19-1203) Cr. Prac. 1864, sec. 220, p. 239; R.S., R.C., & C.L., sec. 7649; C.S., sec. […]

Section 19-1204 – ISSUANCE OF BENCH WARRANT.

19-1204. ISSUANCE OF BENCH WARRANT. The clerk, on the application of the judge or prosecuting attorney, may accordingly, at any time after the order, whether the court be sitting or not, issue a bench warrant under his signature and the seal of the court into one or more counties. History: [(19-1204) Cr. Prac. 1864, sec. […]

Section 19-1205 – FORM OF BENCH WARRANT.

19-1205. FORM OF BENCH WARRANT. The bench warrant, upon presentment, must be substantially in the following form: County of ….. The state of Idaho to any sheriff, constable, marshal or policeman in this state: A presentment having been made on the …. day of …., …. to the district court of the county of …., […]

Section 19-1206 – SERVICE OF BENCH WARRANT.

19-1206. SERVICE OF BENCH WARRANT. The bench warrant may be served in any county, and the officer serving it must proceed thereon as upon a warrant of arrest on an information. History: [(19-1206) Cr. Prac. 1864, sec. 223, p. 239; R.S., R.C., & C.L., sec. 7652; C.S., sec. 8807; I.C.A., sec. 19-1106.]

Section 19-1207 – PROCEEDINGS OF MAGISTRATE.

19-1207. PROCEEDINGS OF MAGISTRATE. The magistrate, when the defendant is brought before him, must proceed upon the charges contained in the presentment, in the same manner as upon a warrant of arrest on an information. History: [(19-1207) Cr. Prac. 1864, sec. 224, p. 239; R.S., R.C., & C.L., sec. 7653; C.S., sec. 8808; I.C.A., sec. […]