reglab/statecodes huggingface dataset:
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1816.01 - Arraignment of accused; record of proceedings; filing; evidence.

29-1816.01.
Arraignment of accused; record of proceedings; filing; evidence.
On the arraignment in the district court of any person accused of a felony, the court may require the official reporter of the court to make a record of the proceedings in such court incident to such arraignment and the disposition of the charge made against the accused including sentence in the event of conviction. The court may further require the court reporter to prepare a transcript of the report of such proceedings, authenticate the transcript with an appropriate certificate to be attached thereto, and cause the same to be filed in the office of the clerk of the court. Such transcript shall be kept in a special file and not removed from the office of the clerk of the district court, except on an order of a judge of the court expressly authorizing removal. In the event that the transcript is so made, authenticated and filed, it, or a duly certified copy thereof, shall become and be competent and lawful evidence and admissible as such in any of the courts of this state.
Source
Laws 1947, c. 103, § 1(2), p. 292;
Laws 2018, LB193, § 56.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1818 - Plea in bar or abatement; verification by accused required.

29-1818.
Plea in bar or abatement; verification by accused required.
No plea in bar or abatement shall be received by the court unless it be in writing, signed by the accused, and sworn to before some competent officer.
Source
G.S.1873, c. 58, § 450, p. 823;
R.S.1913, § 9094;
C.S.1922, § 10119;
C.S.1929, § 29-1817;
R.S.1943, § 29-1818.
Annotations
Plea in bar must be sworn to by accused as prerequisite to validity. Schrum v. State, 108 Neb. 186, 187 N.W. 801 (1922).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1819 - Pleas of guilty, not guilty, or nolo contendere; when required; failure to plead; effect.

29-1819.
Pleas of guilty, not guilty, or nolo contendere; when required; failure to plead; effect.
If the issue on the plea in bar be found against the defendant, or if upon arraignment the accused offers no plea in bar, he shall plead guilty, not guilty, or nolo contendere; but if he pleads evasively or stands mute, he shall be taken to have pleaded not guilty.
Source
G.S.1873, c. 58, § 451, p. 823;
R.S.1913, § 9095;
C.S.1922, § 10120;
C.S.1929, § 29-1818;
R.S.1943, § 29-1819;
Laws 1953, c. 92, § 1, p. 264.
Annotations
A plea of nolo contendere entered on advice of counsel when defendant failed to supply counsel with all information that might have been relevant to his defense may not be withdrawn when the record shows that it was entered knowingly, understandingly, and voluntarily. State v. Hurley, 207 Neb. 321, 299 N.W.2d 152 (1980).
The effect of a plea of nolo contendere is the same as a plea of guilty. State v. Neuman, 175 Neb. 832, 125 N.W.2d 5 (1963); State v. Hylton, 175 Neb. 828, 124 N.W.2d 230 (1963).
Judgment of conviction of a felony, rendered upon plea of nolo contendere, is conclusive in disbarment proceeding. State ex rel. Nebraska State Bar Assn. v. Stanosheck, 167 Neb. 192, 92 N.W.2d 194 (1958).
Plea entered by court may be withdrawn by defendant. Huette v. State, 87 Neb. 798, 128 N.W. 519 (1910).
Plea of "not guilty," entered by court under this section, binds defendant. Trimble v. State, 61 Neb. 604, 85 N.W. 844 (1901).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1819.01 - Plea of nolo contendere; acceptance by court; when.

29-1819.01.
Plea of nolo contendere; acceptance by court; when.
The accused may, at any time before conviction, enter a plea of nolo contendere with the consent of the court. The court may refuse to accept the plea, and shall not accept the plea without first determining that the plea is made voluntarily with an understanding of the nature of the charge.
Source
Laws 1953, c. 92, § 2, p. 264.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1819.03 - Plea of guilty or nolo contendere; legislative findings and intent.

29-1819.03.
Plea of guilty or nolo contendere; legislative findings and intent.
The Legislature finds and declares that in many instances involving an individual who is not a citizen of the United States and who is charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defendant knowing that a conviction of such offense is grounds for removal from the United States, or denial of naturalization pursuant to the laws of the United States. Therefor, it is the intent of the Legislature in enacting this section and section 29-1819.02 to promote fairness to such accused individuals by requiring in such cases that acceptance of a guilty plea or plea of nolo contendere be preceded by an appropriate warning of the special consequences for such a defendant which may result from the plea. It is also the intent of the Legislature that the court in such cases shall grant the defendant a reasonable amount of time to negotiate with the prosecuting agency in the event the defendant or the defendant's counsel was unaware of the possibility of removal from the United States, or denial of naturalization as a result of conviction. It is further the intent of the Legislature that at the time of the plea no defendant shall be required to disclose his or her legal status to the court.
Source
Laws 2002, LB 82, § 14.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1820 - Plea of guilty; record; accused; custody.

29-1820.
Plea of guilty; record; accused; custody.
If the accused pleads guilty the plea shall be recorded on the indictment, and the accused may be placed in the custody of the sheriff until sentence.
Source
G.S.1873, c. 58, § 452, p. 823;
R.S.1913, § 9096;
C.S.1922, § 10121;
C.S.1929, § 29-1819;
R.S.1943, § 29-1820;
Laws 1963, c. 162, § 1, p. 575.
Annotations
Requirement of entry of plea on back of indictment or information is directory and not mandatory. Jurgenson v. State, 166 Neb. 111, 88 N.W.2d 129 (1958).
Plea of guilty is equivalent to finding of guilty and will sustain such an order. Leiby v. State, 79 Neb. 485, 113 N.W. 125 (1907).
Plea of guilty, entered by defendant, is evidence against him in subsequent action to which he is party involving same subject matter. Wisnieski v. Vanek, 5 Neb. Unof. 512, 99 N.W. 258 (1904).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1821 - Plea of not guilty; record; day of trial; designation; continuance; when.

29-1821.
Plea of not guilty; record; day of trial; designation; continuance; when.
If the accused pleads not guilty, the plea shall be entered on the indictment, and the prosecuting attorney shall, under the direction of the court, designate a day for trial, which shall be a day of the term at which the plea is made, unless the court, for good reasons, continues the case to a subsequent term.
Source
G.S.1873, c. 58, § 453, p. 823;
R.S.1913, § 9097;
C.S.1922, § 10122;
C.S.1929, § 29-1820;
R.S.1943, § 29-1821.
Annotations
Date for trial was properly designated. Kitts v. State, 153 Neb. 784, 46 N.W.2d 158 (1951).
Failure to endorse plea on indictment is not ground for reversal. Preuit v. People, 5 Neb. 377 (1877).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1822 - Mental incompetency of accused after crime commission; effect; death penalty; stay of execution.

29-1822.
Mental incompetency of accused after crime commission; effect; death penalty; stay of execution.
(1) A person who becomes mentally incompetent after the commission of an offense shall not be tried for the offense until such disability is removed as provided in section 29-1823.
(2) If, after a verdict of guilty, but before judgment is pronounced, a defendant becomes mentally incompetent, then no judgment shall be given until such disability is removed.
(3) If a defendant is sentenced to death and, after judgment, but before execution of the sentence, such person becomes mentally incompetent, execution of the sentence shall be stayed until such disability is removed.
Source
G.S.1873, c. 58, § 454, p. 823;
R.S.1913, § 9098;
C.S.1922, § 10123;
C.S.1929, § 29-1821;
R.S.1943, § 29-1822;
Laws 1986, LB 1177, § 7;
Laws 2015, LB268, § 13;
Referendum 2016, No. 426;
Laws 2020, LB881, § 17.
Annotations
District court has discretion to hold hearing voluntarily on mental competency of defendant to undergo sentence. State v. Saxon, 187 Neb. 338, 190 N.W.2d 854 (1971).
Insanity as a bar to the imposition of sentence presents a factual issue for the determination of the court. State v. Anderson, 186 Neb. 435, 183 N.W.2d 766 (1971).
Insanity as bar to imposition of sentence cannot be raised by habeas corpus. Sedlacek v. Hann, 156 Neb. 340, 56 N.W.2d 138 (1952).
This section imposes a duty on but does not go to the jurisdiction of the court. Sedlacek v. Greenholtz, 152 Neb. 386, 41 N.W.2d 154 (1950).
One who has become insane after the commission of a crime ought not to be tried for the offense during the continuance of the disability. Carlsen v. State, 129 Neb. 84, 261 N.W. 339 (1935).
Where insanity has not originated after commission of act, there is no requirement of trial of question of insanity. Walker v. State, 46 Neb. 25, 64 N.W. 357 (1895).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1824 - Competency restoration treatment; network of contract facilities and providers; department; powers.

29-1824.
Competency restoration treatment; network of contract facilities and providers; department; powers.
The Department of Health and Human Services may establish a network of contract facilities and providers to provide competency restoration treatment pursuant to alternative treatment plans under section 29-1823. The department may create criteria for participation in such network and establish training in competency restoration treatment for participating contract facilities and providers.
Source
Laws 2020, LB881, § 19.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1901 - Subpoenas in traffic and criminal cases; provisions applicable.

29-1901.
Subpoenas in traffic and criminal cases; provisions applicable.
(1) The statutes governing subpoenas in civil actions and proceedings shall also govern subpoenas in traffic and criminal cases, except that subsections (1), (3), and (4) of section 25-1228 shall not apply to those cases. The payment of compensation and mileage to witnesses in those cases shall be governed by section 29-1903.
(2) A trial subpoena in a traffic and criminal case shall contain the statement specified in subsection (5) of section 25-1223.
Source
G.S.1873, c. 58, § 459, p. 824;
R.S.1913, § 9099;
C.S.1922, § 10124;
C.S.1929, § 29-1901;
R.S.1943, § 29-1901;
Laws 1990, LB 87, § 3;
Laws 1992, LB 435, § 1;
Laws 1992, LB 1059, § 23;
Laws 2017, LB509, § 5.
Annotations
Witness in criminal case cannot justify failure to obey subpoena on ground that he had demanded his fees and they were not paid. Huckins v. State, 61 Neb. 871, 86 N.W. 485 (1901).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1902 - Return of subpoenas.

29-1902.
Return of subpoenas.
If the subpoena be served by such special deputy, it shall be his duty, after serving the same, to return thereon the manner in which the same was served; and also to make oath or affirmation to the truth of such return, before some person competent to administer oaths, which shall be endorsed on such writ; and the same shall be returned according to the command thereof by the person serving the same through the post office or otherwise.
Source
G.S.1873, c. 58, § 460, p. 824;
R.S.1913, § 9100;
C.S.1922, § 10125;
C.S.1929, § 29-1902;
R.S.1943, § 29-1902.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1903 - Traffic, criminal, and juvenile cases; witness fees and mileage.

29-1903.
Traffic, criminal, and juvenile cases; witness fees and mileage.
(1) The amount of the witness fee and mileage in traffic, criminal, and juvenile cases is governed by section 33-139.
(2) A witness in a traffic, criminal, or juvenile case shall be entitled to a witness fee and mileage after appearing in court in response to a subpoena. The clerk of the court shall immediately submit a claim for payment of witness fees and mileage on behalf of all such witnesses to the county clerk in cases involving a violation of state law or to the city clerk in cases involving a violation of a city ordinance. All witness fees and mileage paid by a defendant as part of the court costs ordered by the court to be paid shall be reimbursed to the county or city treasurer as appropriate.
(3) Any person accused of crime amounting to a misdemeanor or felony shall have compulsory process to enforce the attendance of witnesses in his or her behalf.
Source
G.S.1873, c. 58, § 461, p. 825;
Laws 1885, c. 106, § 1, p. 394;
R.S.1913, § 9101;
C.S.1922, § 10126;
C.S.1929, § 29-1903;
R.S.1943, § 29-1903;
Laws 1981, LB 204, § 40;
Laws 2017, LB509, § 6.
Annotations
Defendant may not be arbitrarily deprived of testimony that would have been relevant, material, and vital to the defense. State v. Cain, 223 Neb. 796, 393 N.W.2d 727 (1986).
Court may require showing of what testimony may be expected of prospective witness before entry of order for compulsory process. O'Rourke v. State, 166 Neb. 866, 90 N.W.2d 820 (1958).
Where testimony of witness was incompetent, failure to serve compulsory process was not prejudicial. Garcia v. State, 159 Neb. 571, 68 N.W.2d 151 (1955).
Liability of county arises only by express provisions of statute. Worthen v. Johnson County, 62 Neb. 754, 87 N.W. 909 (1901).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1904 - Depositions; certain witnesses; application by defendant; when granted; interrogatories; notice to county attorney.

29-1904.
Depositions; certain witnesses; application by defendant; when granted; interrogatories; notice to county attorney.
Where any issue of fact is joined on any indictment, and any material witness for the defendant resides out of the state, or, residing within the state, is sick or infirm or is about to leave the state, such defendant may apply in writing to the court in term time, or the judge thereof in vacation, for a commission to examine such witness upon interrogatories thereto annexed, and such court or judge may grant the same, and order what and for how long a time notice shall be given the prosecuting attorney before the witness shall be examined.
Source
G.S.1873, c. 58, § 462, p. 825;
R.S.1913, § 9102;
C.S.1922, § 10127;
C.S.1929, § 29-1904;
R.S.1943, § 29-1904.
Cross References
Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings, see section 29-1911.
Annotations
This section does not provide for the taking of depositions at county expense in advance of the trial. State v. Kuehn, 273 Neb. 219, 728 N.W.2d 589 (2007).
It was not necessary to analyze this section to dispose of claim that trial court erred in refusing permission to take deposition of inmates of penal institution. Rains v. State, 173 Neb. 586, 114 N.W.2d 399 (1962).
Taking of depositions at county expense in advance of trial is not authorized. Vore v. State, 158 Neb. 222, 63 N.W.2d 141 (1954).
Defendant was entitled to continuance to take deposition out of the state where timely application was made. Dolen v. State, 148 Neb. 317, 27 N.W.2d 264 (1947).
On admission by state that proposed witness would testify as stated in affidavit, court may refuse continuance. Fanton v. State, 50 Neb. 351, 69 N.W. 953 (1897); Burris v. Court, 48 Neb. 179, 66 N.W. 1131 (1896).
Correctness of ruling in suppressing deposition, not excepted to, cannot be questioned on error. Clough v. State, 7 Neb. 320 (1878).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1905 - Depositions; how taken.

29-1905.
Depositions; how taken.
The proceedings in taking the examination of such witness and returning it to court shall be governed in all respects as the taking of depositions in all civil cases.
Source
G.S.1873, c. 58, § 463, p. 825;
R.S.1913, § 9103;
C.S.1922, § 10128;
C.S.1929, § 29-1905;
R.S.1943, § 29-1905.
Annotations
It was not necessary to analyze this section to dispose of claim that trial court erred in refusing permission to take deposition of inmates of penal institution. Rains v. State, 173 Neb. 586, 114 N.W.2d 399 (1962).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1906 - Terms, defined.

29-1906.
Terms, defined.
(1) The word witness as used in sections 29-1906 to 29-1911 shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding; (2) the word state shall include any territory of the United States and the District of Columbia; (3) the word summons shall include a subpoena, order or other notice requiring the appearance of a witness.
Source
Laws 1937, c. 71, § 1, p. 257;
C.S.Supp.,1941, § 29-1906;
R.S.1943, § 29-1906.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1908 - Person in another state required as witness in this state; procedure to secure attendance; fees; failure to testify; punishment.

29-1908.
Person in another state required as witness in this state; procedure to secure attendance; fees; failure to testify; punishment.
If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Such certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his or her attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. If the witness is summoned to attend and testify in this state he or she shall be tendered an amount equal to the rate authorized in section 81-1176 for mileage for state employees for each mile by the ordinary traveled route to and from the court where the prosecution is pending, and five dollars for each day that he or she is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he or she shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Source
Laws 1937, c. 71, § 3, p. 259;
C.S.Supp.,1941, § 29-1908;
R.S.1943, § 29-1908;
Laws 1981, LB 204, § 42.
Cross References
Witness committed to jail, see section 29-508.02.
Annotations
Attendance of witness from without state cannot be compelled at expense of county. Vore v. State, 158 Neb. 222, 63 N.W.2d 141 (1954).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1909 - Witness from another state; not subject to arrest or civil process while in this state.

29-1909.
Witness from another state; not subject to arrest or civil process while in this state.
If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this state pursuant to such summons be subject to arrest for the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
Source
Laws 1937, c. 71, § 4, p. 259;
C.S.Supp.,1941, § 29-1909;
R.S.1943, § 29-1909.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1910 - Sections, how construed.

29-1910.
Sections, how construed.
Sections 29-1906 to 29-1911 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact them. They shall be construed as supplemental to and cumulative with section 29-1904.
Source
Laws 1937, c. 71, § 5, p. 260;
C.S.Supp.,1941, § 29-1910;
R.S.1943, § 29-1910.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1911 - Act, how cited.

29-1911.
Act, how cited.
Sections 29-1906 to 29-1911 may be cited as the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.
Source
Laws 1937, c. 71, § 6, p. 260;
C.S.Supp.,1941, § 29-1911;
R.S.1943, § 29-1911.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1914 - Discovery order; limitation.

29-1914.
Discovery order; limitation.
Whenever an order is issued pursuant to the provisions of section 29-1912 or 29-1913, it shall be limited to items or information that:
(1) Directly relate to the investigation of the underlying charge or charges in the case;
(2) Are within the possession, custody, or control of the state or local subdivisions of government; and
(3) Are known to exist by the prosecution or that, by the exercise of due diligence, may become known to the prosecution.
Source
Laws 1969, c. 235, § 3, p. 869;
Laws 2019, LB496, § 5.
Annotations
In a driving under the influence case, where the record clearly showed that a computer source code for a breath-testing machine was not in the State's possession and that the manufacturer of the machine considered the source code a trade secret and proprietary information, the source code was not discoverable under this section. State v. Kuhl, 16 Neb. App. 127, 741 N.W.2d 701 (2007).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1915 - Discovery order; specify time, place, and manner of inspections and making copies.

29-1915.
Discovery order; specify time, place, and manner of inspections and making copies.
An order issued pursuant to the provisions of sections 29-1912 to 29-1921 shall specify the time, place, and manner of making the inspections and of making copies or photographs and may prescribe such terms and conditions as are just.
Source
Laws 1969, c. 235, § 4, p. 869.
Annotations
A protective order limiting the defendant's and defense counsel's access to sensitive items in a sexual assault on a child case was properly granted. State v. Lovette, 15 Neb. App. 590, 733 N.W.2d 567 (2007).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1916 - Discovery order; reciprocity to prosecution; waiver of privilege of self-incrimination.

29-1916.
Discovery order; reciprocity to prosecution; waiver of privilege of self-incrimination.
(1) Whenever the court issues an order pursuant to the provisions of sections 29-1912 and 29-1913, the court may condition its order by requiring the defendant to grant the prosecution like access to comparable items or information included within the defendant's request which:
(a) Are in the possession, custody, or control of the defendant;
(b) The defendant intends to produce at the trial; and
(c) Are material to the preparation of the prosecution's case.
(2) Whenever a defendant is granted an order under sections 29-1912 to 29-1921, the defendant shall be deemed to have waived the privilege of self-incrimination for the purposes of the operation of this section.
Source
Laws 1969, c. 235, § 5, p. 869;
Laws 2019, LB496, § 6.
Annotations
This section does not provide a basis for a trial court to order a defendant to produce defense exhibits when the defendant has not requested a discovery order pursuant to section 29-1912. State v. Kinney, 262 Neb. 812, 635 N.W.2d 449 (2001).
Whenever court issues order to produce documents or information on defendant's motion, it may require defendant to reciprocate. State v. Eskew, 192 Neb. 76, 218 N.W.2d 898 (1974).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1918 - Discovery of additional evidence; notify other party and court.

29-1918.
Discovery of additional evidence; notify other party and court.
If, subsequent to compliance with an order for discovery under the provisions of sections 29-1912 to 29-1921, and prior to or during trial, a party discovers additional material which the party would have been under a duty to disclose or produce at the time of such previous compliance, the party shall promptly notify the other party or the other party's attorney and the court of the existence of the additional material. Such notice shall be given at the time of the discovery of such additional material.
Source
Laws 1969, c. 235, § 7, p. 870;
Laws 2019, LB496, § 8.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1919 - Discovery; failure to comply; effect.

29-1919.
Discovery; failure to comply; effect.
If, at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with sections 29-1912 to 29-1921 or an order issued pursuant to sections 29-1912 to 29-1921, the court may:
(1) Order such party to permit the discovery or inspection of materials not previously disclosed;
(2) Grant a continuance;
(3) Prohibit the party from calling a witness not disclosed or introducing in evidence the material not disclosed; or
(4) Enter such other order as it deems just under the circumstances.
Source
Laws 1969, c. 235, § 8, p. 870;
Laws 2019, LB496, § 9.
Annotations
Under the plain meaning of this section, if a party fails to comply with discovery and give notice of an intent to call a witness, the court may prohibit that witness from being called. State v. Sierra, 305 Neb. 249, 939 N.W.2d 808 (2020).
Under this section, on determination that a discovery order has not been complied with, the trial court has broad discretion to enter such other order as it deems just under the circumstances. State v. Surber, 221 Neb. 714, 380 N.W.2d 293 (1986).
Subsection (4) of section 29-1919, R.R.S.1943, allows a court to enter no order at all. State v. Vicars, 207 Neb. 325, 299 N.W.2d 421 (1980).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1920 - Indigent defendant; costs; how taxed.

29-1920.
Indigent defendant; costs; how taxed.
Whenever a defendant is adjudged indigent, the reasonable costs incurred in the operation of the provisions of sections 29-1912 to 29-1921 shall be taxed as costs against the prosecuting authority.
Source
Laws 1969, c. 235, § 9, p. 871.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1921 - Attorney-client privilege protected.

29-1921.
Attorney-client privilege protected.
Nothing in sections 29-1912 to 29-1921 shall be construed to authorize any disclosure which would violate the attorney-client privilege.
Source
Laws 1969, c. 235, § 10, p. 871.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1922 - Motion to produce statement of defendant and names of eyewitnesses; filing; order.

29-1922.
Motion to produce statement of defendant and names of eyewitnesses; filing; order.
Any defendant may file a motion to produce any statement made by the defendant, or furnish the name of every eyewitness who has identified the defendant at a lineup or showup. The motion shall be filed in the court where the case is to be tried and may be made at any time after the information, indictment, or complaint is filed, and must be filed at least ten days before trial or at the time of arraignment, whichever is the later, unless otherwise permitted by the court for good cause shown. Upon a showing that the items requested by the defendant may be material to the preparation of his or her defense and that the request is reasonable, the court shall entertain such motion and upon sufficient showing may at any time order that the discovery or the inspection be denied, restricted, or deferred or may specify the time, place, and manner of the making of the examination and the taking of copies of items requested and may prescribe such other terms and conditions as are just.
Source
Laws 1969, c. 230, § 1, p. 857;
Laws 1983, LB 110, § 3.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1923 - Additional statement of defendant or name of eyewitness; prosecutor; notification required; failure to comply; effect.

29-1923.
Additional statement of defendant or name of eyewitness; prosecutor; notification required; failure to comply; effect.
If, subsequent to compliance with an order issued pursuant to section 29-1922, and prior to or during trial, the prosecuting authority discovers any additional statement made by the defendant or the name of any eyewitness who has identified the defendant at a lineup or showup previously requested or ordered which is subject to discovery or inspection under section 29-1922, he or she shall promptly notify the defendant or his or her attorney or the court of the existence of this additional material. Such notice shall be given at the time of the discovery of such additional material. If at any time during the course of the proceedings it is brought to the attention of the court that the prosecuting authority has failed to comply with this section or with an order issued pursuant to section 29-1922, the court may order the prosecuting authority to permit the discovery or inspection of materials or witnesses not previously disclosed, grant a continuance, or prohibit the prosecuting authority from introducing in evidence the material or the testimony of the witness or witnesses not disclosed, or it may enter such other order as it deems just under the circumstances.
Source
Laws 1969, c. 230, § 2, p. 857;
Laws 1983, LB 110, § 4;
Laws 2019, LB496, § 10.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1924 - Statement, defined.

29-1924.
Statement, defined.
For purposes of sections 29-1922 and 29-1923, statement made by the defendant includes any of the following statements made by the defendant which relate to the investigation of the underlying charge or charges in the case and which were developed or received by law enforcement agencies:
(1) Written or recorded statements;
(2) Written summaries of oral statements; and
(3) The substance of oral statements.
Source
Laws 1969, c. 230, § 3, p. 858;
Laws 1983, LB 110, § 5;
Laws 2019, LB496, § 11.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1925 - Child victim or child witness; testimony; legislative intent.

29-1925.
Child victim or child witness; testimony; legislative intent.
The Legislature recognizes that obtaining testimony in a criminal prosecution from a child victim of or a child witness to a felony offense may be a delicate matter and may require some special considerations. It is the intent of the Legislature to promote, facilitate, and preserve the testimony of such child victim or child witness in a criminal prosecution to the fullest extent possible consistent with the constitutional right to confrontation guaranteed by the Sixth Amendment of the Constitution of the United States and Article I, section 11, of the Nebraska Constitution.
Source
Laws 1988, LB 90, § 1.