reglab/housing_qa huggingface dataset:
NE Code § 29-504 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-504 - Felony; speedy preliminary hearing required.

29-504.  Felony; speedy preliminary hearing required.When the complaint is for a felony, upon the accused being brought before the magistrate, he shall proceed as soon as may be, in the presence of the accused, to inquire into the complaint.Source   G.S.1873, c. 58, § 300, p. 793;   R.S.1913, § 8955;   C.S.1922, § 9979;   Laws 1925, c. 101, § 1, p. 290;   C.S.1929, § 29-504;   R.S.1943, § 29-504;   Laws 1972, LB 1032, § 168;   Laws 1973, LB 226, § 16.  Annotations  Pursuant to this section, the accused must be brought before a magistrate as soon as is practical under the existing circumstances. State v. Thomas, 236 Neb. 84, 459 N.W.2d 204 (1990). A speedy preliminary hearing is a personal right which may be waived. State v. Gau, 182 Neb. 114, 153 N.W.2d 298 (1967); Reinoehl v. State, 62 Neb. 619, 87 N.W. 355 (1901); Latimer v. State, 55 Neb. 609, 76 N.W. 207 (1898). A defendant charged with a felony must be given a preliminary hearing as soon as the nature and circumstances of the case will permit. State v. O'Kelly, 175 Neb. 798, 124 N.W.2d 211 (1963). Person charged with felony should be given preliminary hearing as soon as possible. Maher v. State, 144 Neb. 463, 13 N.W.2d 641 (1944). Complaining witness is not party to action; magistrate is not disqualified by being relative of complaining witness. Ingraham v. State, 82 Neb. 553, 118 N.W. 320 (1908). Preliminary examination is necessary, in prosecution by information, before defendant can be put on trial, over objections, unless waived. Jahnke v. State, 68 Neb. 154, 94 N.W. 158 (1903), reversed on rehearing, 68 Neb. 181, 104 N.W. 154 (1905). Charging two offenses in same count does not render proceedings invalid. Sothman v. State, 66 Neb. 302, 92 N.W. 303 (1902). Plea in abatement is proper method of raising question whether or not preliminary examination was had. Everson v. State, 4 Neb. Unof. 109, 93 N.W. 394 (1903).
NE Code § 29-505 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-505 - Witnesses; preliminary hearing; segregation.

29-505.  Witnesses; preliminary hearing; segregation.The magistrate, if requested, or if he sees good cause therefor, shall order that the witnesses on both sides be examined each one separate from all the others, and that the witnesses for may be kept separate from the witnesses against the accused during the examination.Source   G.S.1873, c. 58, § 301, p. 793;   R.S.1913, § 8956;   C.S.1922, § 9980;   C.S.1929, § 29-505;   R.S.1943, § 29-505. Annotations Magistrates hearing preliminary examinations are invested with discretion to sequester the witnesses. Chicago, B. & Q. R. R. Co. v. Kellogg, 54 Neb. 138, 74 N.W. 403 (1898).
NE Code § 29-508 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-508 - Refusal of witness to enter into recognizance or accept conditions; effect.

29-508.  Refusal of witness to enter into recognizance or accept conditions; effect.If any witness required to enter into a recognizance or accept specified conditions for release under section 29-507 refuses to comply with such order, the court shall, subject to the conditions and procedure provided in section 29-508.01, commit him or her to jail until he or she complies with such order or is otherwise discharged according to law.Source   G.S.1873, c. 58, § 305, p. 793;   R.S.1913, § 8959;   C.S.1922, § 9983;   C.S.1929, § 29-508;   R.S.1943, § 29-508;   Laws 1981, LB 228, § 2.
NE Code § 29-508.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-508.01 - Witness committed to jail; prerequisites; rights; appeal.

29-508.01.  Witness committed to jail; prerequisites; rights; appeal.Before a witness is committed to jail under subdivision (4) of section 29-507 or 29-508, he or she shall:(1) Receive written notice of the allegations upon which the state relied for its claim of a right to require a recognizance or detention and of the time and place of the hearing on those allegations;(2) Have a hearing before a judge;(3) Have the evidence in support of the state's claim disclosed to him or her at a hearing;(4) Have an opportunity to be heard in person and to present witnesses and documentary evidence;(5) Have, to the extent practicable, the right to confront and cross-examine witnesses;(6) Have the right to counsel; and(7) Be given a written statement by the decisionmaker as to the evidence relied upon and the reasons for the decision made.A decision to commit a person to jail may be appealed and shall be given priority on the appellate court's calendar.Source  Laws 1981, LB 228, § 3.
NE Code § 29-508.02 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-508.02 - Witness committed to jail; receive witness fee.

29-508.02.  Witness committed to jail; receive witness fee.A witness committed to jail under subdivision (4) of section 29-507 or 29-508 shall, in addition to the fee provided under section 33-139, receive an amount equal to the amount a witness receives under section 29-1908 for each day held in custody.Source  Laws 1981, LB 228, § 4. Cross References   Mileage, how computed, see section 81-1176.  Witnesses, compensation of, see section 33-139.
NE Code § 29-509 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-509 - Docket; required; record of recognizances; transcript.

29-509.  Docket; required; record of recognizances; transcript.It shall be the duty of every magistrate in criminal proceedings to keep a docket thereof as in civil cases. All recognizances taken under section 29-506 or 29-507, together with a transcript of the proceedings, where the defendant is held to answer, shall be certified and returned forthwith to the clerk of the court at which the prisoner is to appear. The transcript shall contain an accurate bill of all the costs that have accrued, and the items composing the same.Source   G.S.1873, c. 58, § 306, p. 794;   R.S.1913, § 8960;   C.S.1922, § 9984;   C.S.1929, § 29-509;   R.S.1943, § 29-509;  Laws 2007, LB214, § 3. Annotations Jurisdiction of district court over accused, held for trial by examining magistrate, is not terminated by order quashing information. Dobrusky v. State, 140 Neb. 360, 299 N.W. 539 (1941).
NE Code § 29-510 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-510 - Finding; offense of a higher grade committed than that charged; power of magistrate.

29-510.  Finding; offense of a higher grade committed than that charged; power of magistrate.If upon the examination it shall appear to the magistrate that the accused has committed an offense of a higher grade than that charged, he may be held to answer therefor.Source   G.S.1873, c. 58, § 309, p. 794;   R.S.1913, § 8961;   C.S.1922, § 9985;   C.S.1929, § 29-510;   R.S.1943, § 29-510.
NE Code § 29-610.01 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-610.01 - Subpoena; witness; service; failure to appear; contempt of court.

29-610.01.  Subpoena; witness; service; failure to appear; contempt of court.In criminal misdemeanor cases the clerk may issue writs of subpoena to the witness named therein by mailing it to such person by certified mail to the last-known residence of such person or, if such address is unknown, to the last-known business address of such person. The person making such service shall make a return thereof showing the manner and proof of service. If any such witness shall fail to appear at the time and place required by the subpoena, such witness may be deemed to be in contempt of court upon a showing of actual notice.Source  Laws 1974, LB 684, § 1.
NE Code § 29-610.02 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-610.02 - Subpoena; witness; failure to appear; penalty.

29-610.02.  Subpoena; witness; failure to appear; penalty.Contempt of court under section 29-610.01 shall be punished by a fine of not less than ten dollars nor more than five hundred dollars or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment.Source  Laws 1974, LB 684, § 2.
NE Code § 29-611 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-611 - Appeal; procedure.

29-611.  Appeal; procedure.The defendant shall have the right of appeal from any judgment of a county court pursuant to sections 25-2728 to 25-2737.Source   G.S.1873, c. 58, § 324, p. 797;   R.S.1913, § 8975;   C.S.1922, § 9999;   Laws 1923, c. 113, § 1, p. 271;   C.S.1929, § 29-611;   Laws 1937, c. 66, § 1, p. 249;   C.S.Supp.,1941, § 29-611;   R.S.1943, § 29-611;   Laws 1972, LB 1032, § 169;   Laws 1973, LB 6, § 2;   Laws 1984, LB 13, § 52;   Laws 1986, LB 529, § 29.
NE Code § 29-615 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-615 - Offenses not cognizable by county court; procedure.

29-615.  Offenses not cognizable by county court; procedure.If in the progress of any trial before a county court it shall appear that the defendant ought to be put upon his or her trial for an offense not cognizable before such court, the court shall immediately stop all further proceedings before the court and proceed as in other criminal cases exclusively cognizable before the district court.Source   G.S.1873, c. 58, § 327, p. 798;   R.S.1913, § 8979;   C.S.1922, § 10003;   C.S.1929, § 29-615;   R.S.1943, § 29-615;   Laws 1972, LB 1032, § 172;   Laws 1984, LB 13, § 55.  Annotations Entry upon trial for misdemeanor will not bar subsequent prosecution for felony. Larson v. State, 93 Neb. 242, 140 N.W. 176 (1913).
NE Code § 29-729 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-729 - Terms, defined.

29-729.  Terms, defined.Where appearing in sections 29-729 to 29-758, the term Governor includes any person performing the functions of Governor by authority of the law of this state. The term Executive Authority includes the Governor, and any person performing the functions of Governor in a state other than this state, and the term State, referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.Source  Laws 1963, c. 159, § 1, p. 558. Annotations Alleged violations of Uniform Criminal Extradition Act did not exempt offender from trial and punishment by state. State v. Costello, 199 Neb. 43, 256 N.W.2d 97 (1977).
NE Code § 29-730 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-730 - Fugitives from justice; Governor; duty.

29-730.  Fugitives from justice; Governor; duty.Subject to the provisions of sections 29-729 to 29-758, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the Executive Authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.Source  Laws 1963, c. 159, § 2, p. 559. Annotations  A misstatement as to a petitioner's status as a fugitive in the extradition documents did not afford petitioner his right under the Uniform Criminal Extradition Act to have the question of whether he should be extradited from the asylum state properly determined by the governor of that state and, therefore, requires that he be dismissed from custody. Koenig v. Poskochil, 238 Neb. 118, 469 N.W.2d 523 (1991). Allegation of delayed trial by the demanding state held invalid reason for refusing extradition. Wise v. State, 197 Neb. 831, 251 N.W.2d 373 (1977). Where one is arrested on demand for extradition, he is not entitled to discharge when demanding state fails to assume custody within thirty days when delay is due to proceedings instituted by him. Prettyman v. Karnopp, 192 Neb. 451, 222 N.W.2d 362 (1974).
NE Code § 29-731 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-731 - Form of demand.

29-731.  Form of demand.No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under section 29-734, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the Executive Authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand.Source  Laws 1963, c. 159, § 3, p. 559. Annotations  A demand for extradition is sufficient if it includes a copy of a judgment of conviction or sentence, together with a statement by the executive authority of the demanding state that the person claimed has broken the terms of parole. Singleton and Anthony v. Adams, 207 Neb. 293, 298 N.W.2d 369 (1980). Where extradition with accompanying papers referred to annexed and authenticated therein together meet requirements of this section, that is sufficient. Austin v. Brumbaugh, 186 Neb. 815, 186 N.W.2d 723 (1971).
NE Code § 29-732 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-732 - Governor; order investigation.

29-732.  Governor; order investigation.When a demand shall be made upon the Governor of this state by the Executive Authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.Source  Laws 1963, c. 159, § 4, p. 559.
NE Code § 29-733 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-733 - Persons imprisoned or waiting trial out of state; left the demanding state involuntarily; extradition.

29-733.  Persons imprisoned or waiting trial out of state; left the demanding state involuntarily; extradition.When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him in another state, the Governor of this state may agree with the Executive Authority of such other state for the extradition of such person before the conclusion of such proceedings or his term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this state as soon as the prosecution in this state is terminated.The Governor of this state may also surrender on demand of the Executive Authority of any other state any person in this state who is charged in the manner provided in section 29-751 with having violated the laws of the state whose Executive Authority is making the demand, even though such person left the demanding state involuntarily.Source  Laws 1963, c. 159, § 5, p. 560.
NE Code § 29-734 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-734 - Persons not present in demanding state at time of commission of crime; extradition.

29-734.  Persons not present in demanding state at time of commission of crime; extradition.The Governor of this state may also surrender, on demand of the Executive Authority of any other state, any person in this state charged in such other state in the manner provided in section 29-731 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose Executive Authority is making the demand, and the provisions of sections 29-729 to 29-758 not otherwise inconsistent, shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.Source  Laws 1963, c. 159, § 6, p. 560. Annotations  A misstatement as to a petitioner's status as a fugitive in the extradition documents did not afford petitioner his right under the Uniform Criminal Extradition Act to have the question of whether he should be extradited from the asylum state properly determined by the governor of that state and, therefore, requires that he be dismissed from custody. Koenig v. Poskochil, 238 Neb. 118, 469 N.W.2d 523 (1991). One who commits an act in one state intentionally resulting in a crime in another state may now be extradited. State of Kansas v. Holeb, 188 Neb. 319, 196 N.W.2d 387 (1972).
NE Code § 29-735 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-735 - Warrant of arrest; issuance.

29-735.  Warrant of arrest; issuance.If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.Source  Laws 1963, c. 159, § 7, p. 560.
NE Code § 29-736 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-736 - Warrant of arrest; execution.

29-736.  Warrant of arrest; execution.Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provisions of sections 29-729 to 29-758 to the duly authorized agent of the demanding state.Source  Laws 1963, c. 159, § 8, p. 561.
NE Code § 29-737 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-737 - Arresting officer; authority.

29-737.  Arresting officer; authority.Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.Source  Laws 1963, c. 159, § 9, p. 561.
NE Code § 29-738 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-738 - Rights of accused person; writ of habeas corpus; application.

29-738.  Rights of accused person; writ of habeas corpus; application.No person arrested upon such warrant shall be delivered over to the agent whom the Executive Authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.Source  Laws 1963, c. 159, § 10, p. 561. Cross References  Habeas corpus, see Article I, section 8, Constitution of Nebraska, and section 29-2801 et seq.Annotations  Habeas corpus is not the proper action to challenge the validity of a detainer based upon an untried complaint, where the state filing the detainer has not requested transfer of the prisoner. Wickline v. Gunter, 233 Neb. 878, 448 N.W.2d 584 (1989). Once the governor of an asylum state has granted extradition, a court of that state, considering release on habeas corpus, can do no more than decide (1) whether the extradition documents on their face are in order, (2) whether the petitioner has been charged with a crime in the demanding state, (3) whether the petitioner is the person named in the request for extradition, and (4) whether the petitioner is a fugitive. Radant v. Vargason, 220 Neb. 116, 368 N.W.2d 483 (1985).
NE Code § 29-739 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-739 - Rights of accused person; violation; penalty.

29-739.  Rights of accused person; violation; penalty.Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful disobedience to section 29-738, shall be guilty of a Class II misdemeanor.Source   Laws 1963, c. 159, § 11, p. 561;   Laws 1977, LB 40, § 112.
NE Code § 29-740 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-740 - Confinement; when necessary; requirements.

29-740.  Confinement; when necessary; requirements.The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or person having charge of him is ready to proceed on his route, such officer or person being chargeable with the expense of keeping.The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this state with such prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the officer or agent having charge of him is ready to proceed on his route, such officer or agent, however, being chargeable with the expense of keeping; Provided however, that such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he is actually transporting such prisoner to the demanding state after a requisition by the Executive Authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this state.Source  Laws 1963, c. 159, § 12, p. 562.