Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-1604 Information; procedure; law applicable.
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The provisions of the criminal code in relation to indictments, and all other provisions of law, applying to prosecutions upon indictments to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials and punishments or the execution of any sent…
Neb. Rev. Stat. § 29-1605 Commitment and bail; law applicable.
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Any person who may, according to law, be committed to jail or become recognized or held to bail with sureties for his appearance in court to answer to any indictment, may in like manner be committed to jail or become recognized and held to bail for his appearance, to answer to an…
Neb. Rev. Stat. § 29-1606 Persons committed or held to bail; preliminary hearing; failure of county attorney to file information; written statement required; power of court.
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It shall be the duty of the county attorney of the proper county to inquire into and make full examination of all the facts and circumstances connected with any case on preliminary examination, as provided by law, touching the commission of any offense wherein the offender shall …
Neb. Rev. Stat. § 29-1607 Information; preliminary examination; required; when.
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No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor, as provided by law, unless such person shall waive his or her right to such examination, except as otherwise provided in the Uniform Criminal Extr…
Neb. Rev. Stat. § 29-1608 Indictment, complaint, or information against corporation; summons; service; return day; procedure.
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Whenever an indictment is presented, or complaint or information filed against a corporation, a summons commanding the sheriff to notify the accused thereof, and returnable on the third day after its date, shall issue on the praecipe of the prosecuting attorney. Such summons, tog…
Neb. Rev. Stat. § 29-1701 Warrant and arrest on indictment or presentment.
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A warrant may be issued in term time or in vacation of the court, on an indictment found or presentment made in any county, and when directed to the sheriff of the county where such indictment was found, or presentment made, it shall be lawful for such officer to pursue and arres…
Neb. Rev. Stat. § 29-1702 Accused a nonresident of the county; how arrested.
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When the party accused shall reside out of the county in which such indictment was found, it shall be lawful to issue a warrant thereon, directed to the sheriff of the county where the accused shall reside or may be found. It shall be the duty of such officer to arrest the accuse…
Neb. Rev. Stat. § 29-1703 Misdemeanors; recognizance for appearance; authority of sheriff to take.
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When any sheriff or other officer shall be charged with the execution of a warrant issued on any indictment for a misdemeanor, he shall, during the vacation of the court from which the writ issued, have authority to take the recognizance of the person so indicted, together with s…
Neb. Rev. Stat. § 29-1704 Misdemeanors; recognizance; return.
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The sheriff or other officer shall return such writ according to the command thereof, with the name of the surety or sureties, together with the recognizance taken as aforesaid; and the recognizance so taken and returned shall be filed and recorded by the clerk of the court to wh…
Neb. Rev. Stat. § 29-1705 Felonies; recognizance ordered by court; authority.
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When any person has been indicted for a felony and the person so indicted has not been arrested or recognized to appear before the court, the court may make an entry of the cause upon the record and may order the amount in which the party indicted may be recognized for his or her…
Neb. Rev. Stat. § 29-1706 Felonies; recognizance; amount; endorsement on warrant.
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The clerk issuing a warrant on such an indictment shall endorse thereon the sum in which the recognizance of the accused was ordered as aforesaid to be taken.
Neb. Rev. Stat. § 29-1707 Felonies; recognizance; conditions; return.
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The officer charged with the execution of the warrant aforesaid shall take the recognizance of the party accused in the sum ordered as aforesaid, together with good and sufficient sureties, conditioned for the appearance of the accused at the return of the writ before the court o…
Neb. Rev. Stat. § 29-1708 Recognizance; signature; certificate.
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All recognizances taken during vacation of any court, by any judge or other officer thereof authorized to take them, shall be signed by the parties and certified to by the officer taking the same.
Neb. Rev. Stat. § 29-1709 Indicted convicts; custody.
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Whenever any convict in a Department of Correctional Services adult correctional facility is indicted for any offense committed while confined therein, such convict shall remain in the custody of the warden of the facility subject to the order of the district court of the county …
Repealed. Laws 1959, c. 119, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-1802 Indictment; record; service of copy on defendant; arraignment, when had.
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The clerk of the district court shall, upon the filing of any indictment with him or her and after the person indicted is in custody or let to bail, cause the same to be entered on the record of the court, and in case of the loss of the original, such record or a certified copy t…
Repealed. Laws 1965, c. 151, § 5.
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[Repealed or reserved.]
Repealed. Laws 1972, LB 1463, § 13.
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[Repealed or reserved.]
Repealed. Laws 1972, LB 1463, § 13.
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[Repealed or reserved.]
Repealed. Laws 1972, LB 1463, § 13.
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[Repealed or reserved.]
Transferred to section 23-3401.
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[Repealed or reserved.]
Repealed. Laws 1972, LB 1463, § 13.
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[Repealed or reserved.]
Repealed. Laws 1972, LB 1463, § 13.
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[Repealed or reserved.]
Transferred to section 23-3402.
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[Repealed or reserved.]
Transferred to section 29-3901.
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[Repealed or reserved.]
Transferred to section 29-3902.
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[Repealed or reserved.]
Repealed. Laws 1979, LB 241, § 7.
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[Repealed or reserved.]
Transferred to section 29-3903.
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[Repealed or reserved.]
Transferred to section 29-3904.
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[Repealed or reserved.]
Transferred to section 29-3907.
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[Repealed or reserved.]
Transferred to section 29-3908.
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[Repealed or reserved.]
Transferred to section 23-3403.
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[Repealed or reserved.]
Transferred to section 29-3905.
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[Repealed or reserved.]
Transferred to section 29-3906.
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[Repealed or reserved.]
Repealed. Laws 1990, LB 822, § 40.
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[Repealed or reserved.]
Repealed. Laws 1972, LB 1463, § 13.
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[Repealed or reserved.]
Transferred to section 29-3909.
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[Repealed or reserved.]
Transferred to section 29-3910.
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[Repealed or reserved.]
Transferred to section 29-3911.
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[Repealed or reserved.]
Transferred to section 29-3912.
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[Repealed or reserved.]
Transferred to section 29-3913.
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[Repealed or reserved.]
Transferred to section 29-3914.
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[Repealed or reserved.]
Transferred to section 29-3915.
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[Repealed or reserved.]
Transferred to section 29-3916.
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[Repealed or reserved.]
Transferred to section 29-3917.
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[Repealed or reserved.]
Transferred to section 29-3918.
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[Repealed or reserved.]
Repealed. Laws 1990, LB 822, § 40.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-1806 Exceptions to indictment; time allowed.
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The court shall allow the accused a reasonable time to examine the indictment and prepare exceptions thereto.
Neb. Rev. Stat. § 29-1807 Exceptions to indictment; how made.
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The accused may except to an indictment by (1) a motion to quash, (2) a plea in abatement, or (3) a demurrer.
Neb. Rev. Stat. § 29-1808 Motion to quash; when made.
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A motion to quash may be made in all cases when there is a defect apparent upon the face of the record, including defects in the form of the indictment or in the manner in which an offense is charged.