reglab/housing_qa huggingface dataset:
NE Code § 29-1601 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1601 - Prosecutions on information; authorized.

29-1601.  Prosecutions on information; authorized.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 exercise in cases of the like prosecutions upon indictments.Source   Laws 1885, c. 108, § 1, p. 397;   R.S.1913, § 9062;   C.S.1922, § 10086;   C.S.1929, § 29-1601;   R.S.1943, § 29-1601. Annotations  1. Prosecution on information 2. Constitutionality 3. Miscellaneous 1. Prosecution on information Prosecution on information is authorized. Duggan v. Olson, 146 Neb. 248, 19 N.W.2d 353 (1945). Prosecution upon information verified and filed by acting county attorney is good against attack by habeas corpus. State ex rel. Gossett v. O'Grady, 137 Neb. 824, 291 N.W. 497 (1940). District court may try misdemeanor charged in information as proper exercise of its original jurisdiction. Nelson v. State, 115 Neb. 26, 211 N.W. 175 (1926). Prosecution for murder may be by information. Hawkins v. State, 60 Neb. 380, 83 N.W. 198 (1900). 2. Constitutionality Prosecution on information is not a violation of due process of law clause. Jackson v. Olson, 146 Neb. 885, 22 N.W.2d 124 (1946). Prosecution of criminal offenses by information does not violate rule of uniformity required by Constitution. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901). This section does not conflict with Fourteenth Amendment. Bolln v. Nebraska, 176 U.S. 83 (1900). 3. Miscellaneous Indictment by a grand jury is not required in the State of Nebraska. State v. Lehman, 203 Neb. 341, 278 N.W.2d 610 (1979). Person accused of felony must be charged by information or indictment disclosing nature and cause of accusation. Stowe v. State, 117 Neb. 440, 220 N.W. 826 (1928). Pendency of former information, for same offense, is no ground for plea in abatement. Roby v. State, 61 Neb. 218, 85 N.W. 61 (1901).
NE Code § 29-1605 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1605 - Commitment and bail; law applicable.

29-1605.  Commitment and bail; law applicable.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 any information or indictment, as the case may be.Source   Laws 1885, c. 108, § 5, p. 398;   R.S.1913, § 9066;   C.S.1922, § 10090;   C.S.1929, § 29-1605;   R.S.1943, § 29-1605.
NE Code § 29-1606 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1606 - Persons committed or held to bail; preliminary hearing; failure of county attorney to file information; written statement required; power of court.

29-1606.  Persons committed or held to bail; preliminary hearing; failure of county attorney to file information; written statement required; power of court.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 be committed to jail, or become recognized or held to bail. If the prosecuting attorney shall determine in any such case that an information ought not to be filed, he shall make, subscribe, and file with the clerk of the court a statement in writing, containing his reasons, in fact and in law, for not filing an information in such case; and such statement shall be filed at and during the term of court at which the offender shall be held for his appearance; Provided, in such case such court may examine the statement, together with the evidence filed in the case, and if, upon such examination, the court shall not be satisfied with the statement, the county attorney shall be directed by the court to file the proper information and bring the case to trial.Source   Laws 1885, c. 108, § 6, p. 398;   R.S.1913, § 9067;   C.S.1922, § 10091;   C.S.1929, § 29-1606;   R.S.1943, § 29-1606. Annotations  After a court approves the dismissal without prejudice of information under this section, the State is free to file new information that includes additional charges. State v. Al-Sayagh, 268 Neb. 913, 689 N.W.2d 587 (2004). The provisions of this section include the requirement of approval by the trial court before an information may be dismissed. State v. Sanchell, 191 Neb. 505, 216 N.W.2d 504 (1974). Obiter dictum in In re Interest of Moore, 186 Neb. 67, 180 N.W.2d 917, deleted to avoid possible misconstruction in conflict with this section. In re Interest of Moore, 186 Neb. 158, 180 N.W.2d 919 (1970). Given gravity of original offense, state judge did not abuse his discretion in requiring that a proper probation revocation information be substituted for information which prosecution sought to dismiss. Kartman v. Parratt, 535 F.2d 450 (8th Cir. 1976). Habitual criminal statute is not unconstitutional on grounds it gives county attorney selectivity in applying it, nor because it punishes a status rather than an act. Martin v. Parratt, 412 F.Supp. 544 (D. Neb. 1976). State judge's refusal to dismiss probation violation charge except on condition county attorney file new charges did not deny probationer due process on ground that such judge, at final revocation hearing, was not a neutral and detached decision maker. Kartman v. Parratt, 397 F.Supp. 531 (D. Neb. 1975).
NE Code § 29-1608 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1608 - Indictment, complaint, or information against corporation; summons; service; return day; procedure.

29-1608.  Indictment, complaint, or information against corporation; summons; service; return day; procedure.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, together with a copy of the indictment, information, or complaint, shall be served and returned in the manner provided for service of summons upon such corporation in a civil action. The corporation on or before the return day of a summons duly served may appear by one of its officers, or by counsel, and answer to the indictment, information, or complaint by motion, demurrer, or plea. Upon its failure to make such appearance and answer, the court clerk shall enter a plea of not guilty; and upon such appearance being made, or plea entered, the corporation shall be deemed thenceforth continuously present in the court until the case is finally disposed of.Source   Laws 1903, c. 140, § 1, p. 646;   R.S.1913, § 9069;   C.S.1922, § 10093;   C.S.1929, § 29-1608;   R.S.1943, § 29-1608;   Laws 1983, LB 447, § 44.
NE Code § 29-1701 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1701 - Warrant and arrest on indictment or presentment.

29-1701.  Warrant and arrest on indictment or presentment.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 arrest the accused named in such warrant, in any county of this state where he may be found, and commit him to jail, or hold him to bail, as provided in this code.Source   G.S.1873, c. 58, § 426, p. 819;   R.S.1913, § 9070;   C.S.1922, § 10094;   C.S.1929, § 29-1701;   R.S.1943, § 29-1701.
NE Code § 29-1702 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1702 - Accused a nonresident of the county; how arrested.

29-1702.  Accused a nonresident of the county; how arrested.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 accused and convey him to the county from which such writ was issued, and there commit him to the jail of such county, or hold him to bail, as provided in section 29-1701.Source   G.S.1873, c. 58, § 427, p. 819;   R.S.1913, § 9071;   C.S.1922, § 10095;   C.S.1929, § 29-1702;   R.S.1943, § 29-1702. Annotations Fact that accused is out on bail pending trial for felony in one county does not render him immune from arrest on charge of separate felony in another county. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939).
NE Code § 29-1703 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1703 - Misdemeanors; recognizance for appearance; authority of sheriff to take.

29-1703.  Misdemeanors; recognizance for appearance; authority of sheriff to take.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 sufficient sureties, resident and freeholders in the county from which such writ issued, in a sum of not less than fifty dollars nor more than five hundred dollars, conditioned for the appearance of such person on the first day of the next term of such court.Source   G.S.1873, c. 58, § 428, p. 820;   R.S.1913, § 9072;   C.S.1922, § 10096;   C.S.1929, § 29-1703;   R.S.1943, § 29-1703. Annotations This section governs duties of sheriff in case of taking bond. Berrer v. Moorhead, 22 Neb. 687, 36 N.W. 118 (1888).
NE Code § 29-1704 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1704 - Misdemeanors; recognizance; return.

29-1704.  Misdemeanors; recognizance; return.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 which the same was returned, and may be proceeded on in the same way as if such recognizance had been taken in the court during term time.Source   G.S.1873, c. 58, § 429, p. 820;   R.S.1913, § 9073;   C.S.1922, § 10097;   C.S.1929, § 29-1704;   R.S.1943, § 29-1704.
NE Code § 29-1705 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1705 - Felonies; recognizance ordered by court; authority.

29-1705.  Felonies; recognizance ordered by court; authority.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 appearance by any officer charged with the duty of arresting him or her.Source   G.S.1873, c. 58, § 430, p. 820;   R.S.1913, § 9074;   C.S.1922, § 10098;   C.S.1929, § 29-1705;   R.S.1943, § 29-1705;  Laws 2018, LB193, § 54.  Annotations Recognizance, taken before unauthorized person, or when taking thereof is unauthorized, is void. Dickenson v. State, 20 Neb. 72, 29 N.W. 184 (1886).
NE Code § 29-1706 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1706 - Felonies; recognizance; amount; endorsement on warrant.

29-1706.  Felonies; recognizance; amount; endorsement on warrant.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.Source   G.S.1873, c. 58, § 431, p. 820;   R.S.1913, § 9075;   C.S.1922, § 10099;   C.S.1929, § 29-1706;   R.S.1943, § 29-1706.
NE Code § 29-1707 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1707 - Felonies; recognizance; conditions; return.

29-1707.  Felonies; recognizance; conditions; return.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 out of which the same issued.Such officer shall return such recognizance to the court to be recorded and proceeded on as provided in this code.Source   G.S.1873, c. 58, § 432, p. 820;   R.S.1913, § 9076;   C.S.1922, § 10100;   C.S.1929, § 29-1707;   R.S.1943, § 29-1707.
NE Code § 29-1708 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1708 - Recognizance; signature; certificate.

29-1708.  Recognizance; signature; certificate.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.Source   G.S.1873, c. 58, § 433, p. 820;   R.S.1913, § 9077;   C.S.1922, § 10101;   C.S.1929, § 29-1708;   R.S.1943, § 29-1708.
NE Code § 29-1709 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1709 - Indicted convicts; custody.

29-1709.  Indicted convicts; custody.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 where the facility in which such convict is confined is situated.Source   G.S.1873, c. 58, § 434, p. 820;   R.S.1913, § 9078;   C.S.1922, § 10102;   C.S.1929, § 29-1709;   R.S.1943, § 29-1709;   Laws 1993, LB 31, § 8.
NE Code § 29-1804 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804 - Transferred to section 23-3401.

29-1804.  Transferred to section 23-3401.
NE Code § 29-1804.03 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.03 - Transferred to section 23-3402.

29-1804.03.  Transferred to section 23-3402.
NE Code § 29-1804.04 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.04 - Transferred to section 29-3901.

29-1804.04.  Transferred to section 29-3901.
NE Code § 29-1804.05 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.05 - Transferred to section 29-3902.

29-1804.05.  Transferred to section 29-3902.
NE Code § 29-1804.07 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.07 - Transferred to section 29-3903.

29-1804.07.  Transferred to section 29-3903.
NE Code § 29-1804.08 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.08 - Transferred to section 29-3904.

29-1804.08.  Transferred to section 29-3904.
NE Code § 29-1804.09 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.09 - Transferred to section 29-3907.

29-1804.09.  Transferred to section 29-3907.
NE Code § 29-1804.10 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.10 - Transferred to section 29-3908.

29-1804.10.  Transferred to section 29-3908.
NE Code § 29-1804.11 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.11 - Transferred to section 23-3403.

29-1804.11.  Transferred to section 23-3403.
NE Code § 29-1804.12 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.12 - Transferred to section 29-3905.

29-1804.12.  Transferred to section 29-3905.
NE Code § 29-1804.13 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1804.13 - Transferred to section 29-3906.

29-1804.13.  Transferred to section 29-3906.
NE Code § 29-1805.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.01 - Transferred to section 29-3909.

29-1805.01.  Transferred to section 29-3909.
NE Code § 29-1805.02 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.02 - Transferred to section 29-3910.

29-1805.02.  Transferred to section 29-3910.
NE Code § 29-1805.03 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.03 - Transferred to section 29-3911.

29-1805.03.  Transferred to section 29-3911.
NE Code § 29-1805.04 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.04 - Transferred to section 29-3912.

29-1805.04.  Transferred to section 29-3912.
NE Code § 29-1805.05 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.05 - Transferred to section 29-3913.

29-1805.05.  Transferred to section 29-3913.
NE Code § 29-1805.06 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.06 - Transferred to section 29-3914.

29-1805.06.  Transferred to section 29-3914.
NE Code § 29-1805.07 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.07 - Transferred to section 29-3915.

29-1805.07.  Transferred to section 29-3915.
NE Code § 29-1805.08 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.08 - Transferred to section 29-3916.

29-1805.08.  Transferred to section 29-3916.
NE Code § 29-1805.09 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.09 - Transferred to section 29-3917.

29-1805.09.  Transferred to section 29-3917.
NE Code § 29-1805.10 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1805.10 - Transferred to section 29-3918.

29-1805.10.  Transferred to section 29-3918.
NE Code § 29-1806 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1806 - Exceptions to indictment; time allowed.

29-1806.  Exceptions to indictment; time allowed.The court shall allow the accused a reasonable time to examine the indictment and prepare exceptions thereto.Source   G.S.1873, c. 58, § 438, p. 822;   R.S.1913, § 9082;   C.S.1922, § 10107;   C.S.1929, § 29-1805;   R.S.1943, § 29-1806.
NE Code § 29-1807 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1807 - Exceptions to indictment; how made.

29-1807.  Exceptions to indictment; how made.The accused may except to an indictment by (1) a motion to quash, (2) a plea in abatement, or (3) a demurrer.Source   G.S.1873, c. 58, § 439, p. 822;   R.S.1913, § 9083;   C.S.1922, § 10108;   C.S.1929, § 29-1806;   R.S.1943, § 29-1807. Annotations  The distinction between a motion to quash and a motion to suppress is not mere form over substance. The filing of a motion to quash clearly notifies the State that the defendant's challenge is to the propriety of the entire proceedings. In contrast to a motion to quash, a motion to suppress seeks to exclude certain evidence from being presented at trial. State v. Kanarick, 257 Neb. 358, 598 N.W.2d 430 (1999). Failure to attack indictment or information prior to trial is a waiver of any defects therein which are not jurisdictional. State ex rel. Gossett v. O'Grady, 137 Neb. 824, 291 N.W. 497 (1940). Where different counts in information are properly joined, and evidence is offered to sustain each, an election will not be required. Poston v. State, 83 Neb. 240, 119 N.W. 520 (1909). A plea in abatement is a device whereby indictment or information can be attacked. Ronzzo v. Sigler, 235 F.Supp. 839 (D. Neb. 1964).
NE Code § 29-1810 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1810 - Demurrer to indictment; when made.

29-1810.  Demurrer to indictment; when made.The accused may demur when the facts stated in the indictment do not constitute an offense punishable by the laws of this state, or when the intent is not alleged, when proof of it is necessary to make out the offense charged.Source   G.S.1873, c. 58, § 442, p. 822;   R.S.1913, § 9086;   C.S.1922, § 10111;   C.S.1929, § 29-1809;   R.S.1943, § 29-1810. Annotations  Demurrer to information was not properly sustained as to one count of the information. State v. Buttner, 180 Neb. 529, 143 N.W.2d 907 (1966). Failure to demur is not a waiver where information wholly fails to allege essential element of crime. Nelson v. State, 167 Neb. 575, 94 N.W.2d 1 (1959). Demurrer would not lie to indictment because it alleged in detail facts leading up to commission of criminal act charged. Kirchman v. State, 122 Neb. 624, 241 N.W. 100 (1932).
NE Code § 29-1811 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1811 - Indictment defective; accused committed or held to bail.

29-1811.  Indictment defective; accused committed or held to bail.When a motion to quash, or a plea in abatement, has been adjudged in favor of the accused, he may be committed or held to bail in such sum as the court may require for his appearance at the first day of the next term of said court.Source   G.S.1873, c. 58, § 443, p. 822;   R.S.1913, § 9087;   C.S.1922, § 10112;   C.S.1929, § 29-1810;   R.S.1943, § 29-1811. Annotations Order of district court sustaining motion to quash information does not operate to discharge the defendant. Dobrusky v. State, 140 Neb. 360, 299 N.W. 539 (1941).
NE Code § 29-1813 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1813 - Plea in abatement; misnomer; procedure.

29-1813.  Plea in abatement; misnomer; procedure.If the accused shall plead in abatement that he is not indicted by his true name, he must plead what his true name is, which shall be entered on the minutes of the court, and after such entry the trial and all other proceedings on the indictment shall be had against him by that name, referring also to the name by which he is indicted, in the same manner in all respects as if he had been indicted by his true name.Source   G.S.1873, c. 58, § 445, p. 822;   R.S.1913, § 9089;   C.S.1922, § 10114;   C.S.1929, § 29-1812;   R.S.1943, § 29-1813.
NE Code § 29-1814 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1814 - Demurrer or reply to plea in abatement; when made.

29-1814.  Demurrer or reply to plea in abatement; when made.To any plea in abatement the county attorney may demur if it is not sufficient in substance, or he may reply setting forth any facts which may show that there is no defect in the record as charged in the plea.Source   G.S.1873, c. 58, § 446, p. 822;   R.S.1913, § 9090;   C.S.1922, § 10115;   C.S.1929, § 29-1813;   R.S.1943, § 29-1814. Annotations  Joinder of issues on plea in abatement may be waived. Svehla v. State, 168 Neb. 553, 96 N.W.2d 649 (1959). Demurrer to plea in bar admits all facts well pleaded therein. Smith v. State, 42 Neb. 356, 60 N.W. 585 (1894).
NE Code § 29-1815 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-1815 - Plea after overruling of demurrer to indictment.

29-1815.  Plea after overruling of demurrer to indictment.After a demurrer to an indictment has been overruled, the accused may plead not guilty, or in bar.Source   G.S.1873, c. 58, § 447, p. 822;   R.S.1913, § 9091;   C.S.1922, § 10116;   C.S.1929, § 29-1814;   R.S.1943, § 29-1815. Cross References  Plea of nolo contendere, see section 29-1819 et seq.Annotations  When accused appears and goes to trial, arraignment is waived. Maher v. State, 144 Neb. 463, 13 N.W.2d 641 (1944). Demurrer or plea of guilty waives all defects which might be objected to only by motion to quash or plea in abatement. Goddard v. State, 73 Neb. 739, 103 N.W. 443 (1905). Trial for misdemeanor, without plea of defendant, is not ground for reversal. Allyn v. State, 21 Neb. 593, 33 N.W. 212 (1887). Plea of not guilty precludes raising question of former conviction. Marshall v. State, 6 Neb. 120 (1877). Defendant should plead to charge before he is placed on trial. Burley v. State, 1 Neb. 385 (1871).