19-2402. TRANSCRIPT AND EXHIBITS ON APPEAL TO SUPREME COURT. Any party desiring to procure a record of the evidence, proceedings and exhibits made during the trial of a criminal action in the district court for use on appeal to the Supreme Court may procure such transcript and exhibits in the same way in which a […]
19-2403. RULINGS DEEMED EXCEPTED TO. The ruling and decision of the court in criminal cases disallowing a challenge to the panel of the jury, or to any individual juror, for any of the causes set forth in sections 19-2018, 19-2019 shall be deemed excepted to on the part of the defendant. History: [(19-2403) 1905, p. […]
19-2404. NEW TRIAL DEFINED. A new trial is a reexamination of the issue in the same court, before another jury, after a verdict has been given. History: [(19-2404) Cr. Prac. 1864, sec. 426, p. 264; R.S., R.C., & C.L., sec. 7950; C.S., sec. 9015; I.C.A., sec. 19-2305.]
19-2405. EFFECT OF NEW TRIAL. The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict can not be used or referred to either in evidence or in argument. History: [(19-2405) Cr. Prac. 1864, sec. […]
19-2406. GROUNDS FOR NEW TRIAL. When a verdict has been rendered against the defendant the court may, upon his application, grant a new trial in the following cases only: 1. When the trial has been had in his absence, if the indictment is for a felony. 2. When the jury has received any evidence out […]
19-2407. TIME FOR APPLICATION. The application for a new trial may be made before or after judgment; and must be made within the time provided by the Idaho criminal rules unless the court or judge extends the time. History: [(19-2407) Cr. Prac. 1864, sec. 428, p. 264; R.S., R.C., & C.L., sec. 7953; C.S., sec. […]
19-2408. ARREST OF JUDGMENT — GROUNDS FOR MOTION. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant on a plea of a former conviction or acquittal. It may be founded […]
19-2409. ARREST WITHOUT MOTION. The court may also, on its own view of any of these defects, arrest the judgment without motion. History: [(19-2409) Cr. Prac. 1864, sec. 430, p. 265; R.S., R.C., & C.L., sec. 7961; C.S., sec. 9020; I.C.A., sec. 19-2310.]
19-2410. EFFECT OF SUSTAINING MOTION. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indictment was found. History: [(19-2410) Cr. Prac. 1864, sec. 432, p. 265; R.S., R.C., & C.L., sec. 7962; C.S., sec. 9021; I.C.A., sec. 19-2311.]
19-2411. DISCHARGE OR DETENTION OF DEFENDANT. If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment can be framed, upon which he may be convicted, the court may order him to be recommitted to the office of the proper county, or admitted to bail anew, to […]
