Chapter 29 — CRIMINAL PROCEDURE
1,051 sections in this chapter.
Neb. Rev. Stat. § 29-1301.01 Venue; crime committed in different counties.
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If any person shall commit an offense against the person of another, such accused person may be tried in the county in which the offense is committed, or in any county into or out of which the person upon whom the offense was committed may, in the prosecution of the offense, have…
Neb. Rev. Stat. § 29-1301.02 Venue; crime committed on moving means of transportation.
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When an offense is committed in this state, on board a vessel navigating a river, bay, slough, lake, or canal, or lying therein, in the prosecution of its voyage, or on a railroad train, or car, motor vehicle, common carrier transporting passengers, or on an aircraft prosecuting …
Neb. Rev. Stat. § 29-1301.03 Venue; jurisdiction in two or more counties; effect of conviction or acquittal.
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Where an offense is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another.
Neb. Rev. Stat. § 29-1301.04 Venue; crime committed using an electronic communication device.
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(1) If a person uses an electronic communication device to commit any element of an offense, such person may be tried in the county where the electronic communication was initiated or where the electronic communication was received. (2) For purposes of this section: (a) Electroni…
Neb. Rev. Stat. § 29-1302 Change of venue; how effected; costs; payment.
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When the venue is changed, the clerk of the court in which the indictment was found shall file a certification of the case file and costs, which together with the original indictment, shall be transmitted to the clerk of the court to which the venue is changed, and the trial shal…
Neb. Rev. Stat. § 29-1303 Change of venue; transfer of prisoner.
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When a court has ordered a change of venue, a warrant shall be issued by the clerk, directed to the sheriff, commanding him safely to convey the prisoner to the jail of the county where he is to be tried, there to be safely kept by the jailer thereof until discharged by due cours…
Neb. Rev. Stat. § 29-1304 Change of venue; witnesses recognized to appear.
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When a change of venue is allowed, the court shall recognize the witnesses on the part of the state to appear before the court in which the prisoner is to be tried.
Neb. Rev. Stat. § 29-1305 Venue; crime committed on county line.
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When an offense shall be committed on a county line, the trial may be in either county divided by such line; and where any offense shall be committed against the person of another, and the person committing the offense shall be in one county, and the person receiving the injury s…
Neb. Rev. Stat. § 29-1306 Venue; death occurring in another county or state.
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If any person shall give any mortal blow or administer any poison to another, in any county within this state, with intent to kill, and the party so stricken or poisoned thereof shall die in any other county or state, the person giving such mortal blow or administering such poiso…
Neb. Rev. Stat. § 29-1307 Venue; receiver of stolen property.
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Whenever any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen, taken or embezzled, he may be indicted in any county where he received or had such property, notwithstanding the theft was committed in another cou…
Neb. Rev. Stat. § 29-1401 Grand jury; when called; death while being apprehended or in custody; procedures.
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(1) The district courts are hereby vested with power to call grand juries. (2) A grand jury may be called and summoned in the manner provided by law on such day of a regular term of the district court in each year in each county of the state as the district court may direct and a…
Repealed. Laws 2002, LB 935, § 19.
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[Repealed or reserved.]
Neb. Rev. Stat. § 29-1401.02 Grand jury by petition; procedure; failure to call; filing.
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The procedure for calling a grand jury by petition of the registered voters of the county shall be as follows: (1) The petitions shall be filed in the office of the clerk of the district court, comply with the requirements in section 29-1401, and be filed without a filing fee; (2…
Neb. Rev. Stat. § 29-1402 Grand jury; convening; no limitation on right to prosecute by information.
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The convening of a grand jury shall in no way limit the right of prosecution on information or complaint during the time the grand jury is in session.
Neb. Rev. Stat. § 29-1403 Foreman; appointment.
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When the grand jury shall be impaneled the court shall appoint one of the number foreman.
Neb. Rev. Stat. § 29-1404 Foreperson; oath or affirmation; form.
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(1) Except as provided in subsection (2) of this section, when the foreperson shall be appointed, an oath or affirmation shall be administered to him or her in the following words: Saving yourself and fellow jurors, you, as foreperson of this grand inquest, shall diligently inqui…
Neb. Rev. Stat. § 29-1405 Jurors; oath or affirmation; form.
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Thereupon the following oath or affirmation shall be administered to the other grand jurors: The same oath which A. B., your foreman, hath now taken before you on his part, you, and each of you, shall well and truly observe and keep on your respective parts.
Neb. Rev. Stat. § 29-1406 Judge; charge to jury; instruction as to powers and duties.
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(1) The grand jury, after being sworn, shall be charged as to their duty by the judge, who shall call their attention particularly to the obligation of secrecy which their oaths impose, and to such offenses as he or she is by law required to specially charge. (2) Upon impanelment…
Neb. Rev. Stat. § 29-1407 Grand jury; duties.
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After the charge of the court, the grand jury shall retire with the officer appointed to attend to them, and shall proceed to inquire of and present all offenses whatever committed within the limits of the county in and for which they were impaneled and sworn or affirmed.
Neb. Rev. Stat. § 29-1407.01 Grand jury proceedings; reporter; duties; transcript; exhibits; statements; availability.
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(1) A certified or authorized reporter shall be present at all grand jury sessions. All grand jury proceedings and testimony from commencement to adjournment shall be reported. Except as otherwise provided in this section, no copies of transcripts of, or exhibits from, such proce…
Neb. Rev. Stat. § 29-1408 County attorney; powers; special prosecutor; when appointed.
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The county attorney or the assistant county attorney shall be allowed at all times to appear before the grand jury for the purpose of giving information relative to any matter cognizable by such jury, or giving such jury advice upon any legal matter the jury may require, and such…
Neb. Rev. Stat. § 29-1409 Subpoenas; issuance; advisement of rights; form; effect.
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(1) Whenever required by the grand jury, or the prosecuting attorney, the clerk of the court in which such jury is impaneled shall issue subpoenas and other process to bring witnesses to testify before such grand jury. (2) At the option of the prosecuting attorney, a grand jury s…
Neb. Rev. Stat. § 29-1410 Witness; oath or affirmation; administration.
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Before any witness shall be examined by the grand jury, an oath or affirmation shall be administered to him by the clerk truly to testify of such matters and things as may be lawfully inquired of before the jury, a certificate whereof the clerk shall make and deliver to such witn…
Neb. Rev. Stat. § 29-1410.01 Request to testify or appear; denial; how treated.
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Any person may approach the prosecuting attorney or the grand jury and request to testify or retestify in an inquiry before a grand jury or to appear before a grand jury. The prosecuting attorney or the grand jury shall keep a record of all denials of such requests to that prosec…
Neb. Rev. Stat. § 29-1411 Witness; privilege against self-incrimination; immunity; right to counsel; refusal to answer; procedure.
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(1) In any proceeding before the grand jury, if the prosecuting attorney has written notice in advance of the appearance of a witness that such witness intends to exercise his or her privilege against self-incrimination, such witness shall not be compelled to appear before the gr…
Neb. Rev. Stat. § 29-1412 Witness; refusal to testify or provide other information; contempt; right to counsel; penalty; hearing; confinement; limitation.
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(1)(a) Whenever a witness in any proceeding before any grand jury refuses, without just cause shown, to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording, or other material, the prosecuting attorney m…
Neb. Rev. Stat. § 29-1412.01 Grand jury; subpoena to testify or produce documents; not required to comply; when.
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No person subpoenaed to testify or to produce books, papers, documents, or other objects in any proceeding before any grand jury shall be required to testify or to produce such objects, or be confined as provided in section 29-1412, for his or her failure to so testify or produce…
Neb. Rev. Stat. § 29-1413 Vacancy; how filled.
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In case of the sickness, death, discharge or nonattendance of any grand juror, after the grand jury shall be affirmed or sworn, it shall be lawful for the court, at its discretion to cause another to be sworn or affirmed in his stead.
Neb. Rev. Stat. § 29-1414 Disclosure of indictment; when prohibited.
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No grand juror or officer of the court shall disclose that an indictment has been found against any person not in custody or under bail, except by the issuing of process, until the indictment is filed.
Neb. Rev. Stat. § 29-1415 Disclosure of juror's vote or opinion; prohibited.
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No grand juror shall be allowed to state or testify in any court in what manner he or other members of the grand jury voted on any question before them, or what opinion was expressed by any juror in relation to such question.
Neb. Rev. Stat. § 29-1416 Indictment; how found; endorsement; no true bill; effect.
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(1) At least twelve of the grand jurors must concur in the finding of an indictment; when so found the foreman shall endorse on such indictment the words A true bill, and subscribe his or her name thereto as foreman. (2) Once a grand jury has returned a no true bill based upon a …
Neb. Rev. Stat. § 29-1417 County jail; examination; report.
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The grand jury may at each term of the court at which they may be in attendance, visit the county jail, and examine and report its condition, as required by law.
Neb. Rev. Stat. § 29-1418 Indictments; presentation; filing; finding of probable cause; dismissal; motions.
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(1) Indictments returned by a grand jury shall be presented by their foreman to the court and shall be filed with the clerk, who shall endorse thereon the day of their filing and shall enter each case upon the register of actions and the date when the parties indicted have been a…
Neb. Rev. Stat. § 29-1419 Trial of indictments; recognizances; undisposed indictments; trial by special prosecutor; when.
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The court shall assign such indictments for trial at as early a time in such term as is practicable. And the recognizances of parties and witnesses shall, in all such causes, be taken for their appearance at the time so assigned; and in case of the continuance of any cause to the…
Neb. Rev. Stat. § 29-1420 Report; made public; when; transfer of evidence.
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(1) Except as provided in subdivision (2)(g) of section 29-1406, the report of the grand jury shall not be made public except when the report is filed, including indictments, or when required by statute or except that all of the report or a portion thereof may be released if the …
Neb. Rev. Stat. § 29-1501 Indictment; when sufficient; irregularities.
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No indictment shall be deemed invalid, nor shall the trial, judgment or other proceedings be stayed, arrested or in any manner affected (1) by the omission of the words with force and arms, or any words of similar import; (2) by omitting to charge any offense to have been contrar…
Neb. Rev. Stat. § 29-1502 Variance in name or description; effect.
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Whenever on trial of any indictment for any offense there shall appear to be any variance between the statement in such indictment and the evidence offered in proof thereof in the given name or surname, or both given name and surname, or other description whatever of any person w…
Neb. Rev. Stat. § 29-1503 Forgery; instruments; how described.
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In any indictment for falsely making, altering, forging, printing, photographing, uttering, disposing of or putting off any instrument, it shall be sufficient to set forth the purport and value thereof.
Neb. Rev. Stat. § 29-1504 Offenses other than forgery; instruments; how described.
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In all cases other than those mentioned in section 29-1503, whenever it shall be necessary to make any averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print or figures, it shall be sufficient to describe such instrument by …
Neb. Rev. Stat. § 29-1505 Counterfeiting; instruments or means; how described.
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In any indictment for engraving or making the whole or any part of any instrument, matter or thing, or for using or having the unlawful custody or possession of any plate or other material upon which the whole or any part of any instrument, matter or thing shall have been engrave…
Neb. Rev. Stat. § 29-1506 Intent to defraud; how alleged; proof.
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It shall be sufficient in any indictment where it shall be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud without alleging an intent to defraud any particular person or body corporate, and on the trial of any such ind…
Neb. Rev. Stat. § 29-1507 Ownership by more than one person; how alleged.
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When any offense is committed upon or in relation to any property belonging to several partners, limited liability company members, or owners, and an indictment for such offense is returned, the allegation of ownership therein shall be sufficient if it alleges that such property …
Neb. Rev. Stat. § 29-1508 Joinder of offenses with larceny; finding of guilty on any count.
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An indictment for larceny may contain also a count for obtaining the same property by false pretenses, or a count for embezzlement thereof, and for receiving or concealing the same property, knowing it to have been stolen; and the jury may convict of either offense, and may find …
Neb. Rev. Stat. § 29-1509 Money; how described; proof.
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In every indictment in which it shall be necessary to make any averment as to any money or bank bills or notes, United States treasury notes, postal and fractional currency, or other bills, bonds or notes, issued by lawful authority and intended to pass and circulate as money, it…
Neb. Rev. Stat. § 29-1510 Election cases; allegation of legality; sufficiency.
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When an offense shall be committed in relation to any election and an indictment for such offense is returned, the allegation of the legality and regularity of such election shall be sufficient if it alleges that such election was authorized by law, without stating the names of t…
Neb. Rev. Stat. § 29-1511 Perjury and subornation; allegations; sufficiency.
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In every indictment for perjury or subornation of perjury it shall be sufficient to set forth the substance of the offense charged upon the defendant, and before what court the oath or affirmation was taken, averring such court or authority to have full power to administer the sa…
Neb. Rev. Stat. § 29-1512 Manslaughter; allegations; sufficiency.
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In any indictment for manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death was caused; but it shall be sufficient to charge that the defendant did unlawfully kill and slay the deceased.
Neb. Rev. Stat. § 29-1601 Prosecutions on information; authorized.
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The several courts of this state shall possess and may exercise the same power and jurisdiction to hear, try and determine prosecutions upon information, for crimes, misdemeanors and offenses, to issue writs and process, and do all other acts therein, as they possess and may exer…
Neb. Rev. Stat. § 29-1602 Information; by whom filed and subscribed; names of witnesses; endorsement.
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All informations shall be filed in the court having jurisdiction of the offense specified therein, by the prosecuting attorney of the proper county as informant. The prosecuting attorney shall subscribe his or her name thereto and endorse thereon the names of the witnesses known …
Neb. Rev. Stat. § 29-1603 Allegations; how made; joinder of offenses; rights of defendant.
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(1) All informations shall be in writing and signed by the county attorney, complainant, or some other person, and the offenses charged therein shall be stated with the same fullness and precision in matters of substance as is required in indictments in like cases. (2)(a) Any inf…