Idaho State Statutes - Idaho Attorney Directory

PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF
INDICTMENT. If the jury is discharged because the facts as charged do not
constitute an offense punishable by law, the court must order that the
defendant, if in custody, be discharged; or if admitted to bail, that his bail
be exonerated; or if he has deposited money instead of bail, that the money be
refunded to him, unless in its opinion a new indictment can be framed upon
which the defendant can be legally convicted, in which case it may direct that
the case be submitted to the same or another grand jury.

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