reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1302 - Change of venue; how effected; costs; payment.

29-1302.
Change of venue; how effected; costs; payment.
When the venue is changed, the clerk of the court in which the indictment was found shall file a certification of the case file and costs, which together with the original indictment, shall be transmitted to the clerk of the court to which the venue is changed, and the trial shall be conducted in all respects as if the offender had been indicted in the county to which the venue has been changed. All costs, fees, charges, and expenses accruing from a change of venue, together with all costs, fees, charges, and expenses made or incurred in the trial of, or in keeping, guarding, and maintaining the accused shall be paid by the county in which the indictment was found. The clerk of the trial court shall make a statement of such costs, fees, charges, and expenses and certify and transmit the same to the clerk of the district court where the indictment was found, to be entered upon the register of actions and collected and paid as if a change of venue had not been had.
Source
G.S.1873, c. 58, § 456, p. 824;
Laws 1883, c. 84, § 1, p. 329;
Laws 1887, c. 109, § 1, p. 667;
R.S.1913, § 9025;
C.S.1922, § 10049;
C.S.1929, § 29-1302;
R.S.1943, § 29-1302;
Laws 1978, LB 562, § 2;
Laws 2018, LB193, § 50.
Annotations
Counties are obligated to pay costs and expenses of prosecutions, including fees and expenses of attorneys appointed to represent indigent defendants in criminal cases, and there is no requirement that a property tax be levied therefor. Kovarik v. County of Banner, 192 Neb. 816, 224 N.W.2d 761 (1975).
Transcript of proceedings is transmitted to adjoining county upon change of venue. State v. Furstenau, 167 Neb. 439, 93 N.W.2d 384 (1958).
County from which change of venue is taken is not liable for fees of jurors of regular panel not sitting on trial of case. Dawes County v. Sioux County, 77 Neb. 567, 110 N.W. 378 (1906).
Filing of transcript and original indictment of information in office of clerk of court to which change is granted is jurisdictional. Barr v. State, 45 Neb. 458, 63 N.W. 856 (1895).
Compensation for assistant to county attorney is to be paid by county where crime was committed. Fuller v. Madison County, 33 Neb. 422, 50 N.W. 255 (1891).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1303 - Change of venue; transfer of prisoner.

29-1303.
Change of venue; transfer of prisoner.
When a court has ordered a change of venue, a warrant shall be issued by the clerk, directed to the sheriff, commanding him safely to convey the prisoner to the jail of the county where he is to be tried, there to be safely kept by the jailer thereof until discharged by due course of law.
Source
G.S.1873, c. 58, § 457, p. 824;
R.S.1913, § 9026;
C.S.1922, § 10050;
C.S.1929, § 29-1303;
R.S.1943, § 29-1303.
Annotations
Upon change of venue, transfer of accused to jail of county where he is to be tried is provided. State v. Furstenau, 167 Neb. 439, 93 N.W.2d 384 (1958).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1304 - Change of venue; witnesses recognized to appear.

29-1304.
Change of venue; witnesses recognized to appear.
When a change of venue is allowed, the court shall recognize the witnesses on the part of the state to appear before the court in which the prisoner is to be tried.
Source
G.S.1873, c. 58, § 458, p. 824;
R.S.1913, § 9027;
C.S.1922, § 10051;
C.S.1929, § 29-1304;
R.S.1943, § 29-1304.
Annotations
Upon change of venue, recognizance may be required of witnesses to appear before the court in which the accused is to be tried. State v. Furstenau, 167 Neb. 439, 93 N.W.2d 384 (1958).
Court cannot create indebtedness against county by appointing bailiff to detain witness. Shaw v. Holt County, 88 Neb. 348, 129 N.W. 552 (1911).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1305 - Venue; crime committed on county line.

29-1305.
Venue; crime committed on county line.
When an offense shall be committed on a county line, the trial may be in either county divided by such line; and where any offense shall be committed against the person of another, and the person committing the offense shall be in one county, and the person receiving the injury shall be in another county, the trial may be had in either of such counties.
Source
G.S.1873, c. 58, § 424, p. 819;
R.S.1913, § 9028;
C.S.1922, § 10052;
C.S.1929, § 29-1305;
R.S.1943, § 29-1305.
Annotations
Where an offense is committed on a county line, prosecution may be in either of the counties divided by such line. State v. Lindsey, 193 Neb. 442, 227 N.W.2d 599 (1975).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1306 - Venue; death occurring in another county or state.

29-1306.
Venue; death occurring in another county or state.
If any person shall give any mortal blow or administer any poison to another, in any county within this state, with intent to kill, and the party so stricken or poisoned thereof shall die in any other county or state, the person giving such mortal blow or administering such poison may be tried and convicted of murder or manslaughter, as the case may be, in the county where such mortal blow was given or poison administered.
Source
G.S.1873, c. 58, § 545, p. 844;
R.S.1913, § 9029;
C.S.1922, § 10053;
C.S.1929, § 29-1306;
R.S.1943, § 29-1306.
Annotations
Venue of a homicide may be established by circumstantial evidence. Hawkins v. State, 60 Neb. 380, 83 N.W. 198 (1900).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1307 - Venue; receiver of stolen property.

29-1307.
Venue; receiver of stolen property.
Whenever any person shall be liable to prosecution as the receiver of any personal property that shall have been feloniously stolen, taken or embezzled, he may be indicted in any county where he received or had such property, notwithstanding the theft was committed in another county.
Source
G.S.1873, c. 58, § 423, p. 819;
R.S.1913, § 9030;
C.S.1922, § 10054;
C.S.1929, § 29-1307;
R.S.1943, § 29-1307.
Annotations
If person has stolen property in the county, proof of act of receiving is not necessary to establish proper venue. State v. McKee, 183 Neb. 754, 163 N.W.2d 434 (1969).
This section does not authorize prosecution for burglary in another county than where the crime was committed. State v. Furstenau, 167 Neb. 439, 93 N.W.2d 384 (1958).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1402 - Grand jury; convening; no limitation on right to prosecute by information.

29-1402.
Grand jury; convening; no limitation on right to prosecute by information.
The convening of a grand jury shall in no way limit the right of prosecution on information or complaint during the time the grand jury is in session.
Source
G.S.1873, c. 58, § 393, p. 814;
R.S.1913, § 9032;
C.S.1922, § 10056;
C.S.1929, § 29-1402;
R.S.1943, § 29-1402;
Laws 1959, c. 118, § 3, p. 450.
Annotations
This section does not allow the district court to enjoin a county attorney from proceeding with a separate preliminary hearing during the time that the grand jury is proceeding on the same matter. In re Grand Jury of Douglas Cty., 263 Neb. 981, 644 N.W.2d 858 (2002).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1403 - Foreman; appointment.

29-1403.
Foreman; appointment.
When the grand jury shall be impaneled the court shall appoint one of the number foreman.
Source
G.S.1873, c. 58, § 394, p. 814;
R.S.1913, § 9033;
C.S.1922, § 10057;
C.S.1929, § 29-1403;
R.S.1943, § 29-1403.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1404 - Foreperson; oath or affirmation; form.

29-1404.
Foreperson; oath or affirmation; form.
(1) Except as provided in subsection (2) of this section, when the foreperson shall be appointed, an oath or affirmation shall be administered to him or her in the following words: Saving yourself and fellow jurors, you, as foreperson of this grand inquest, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge or otherwise come to your knowledge, touching the present service. The counsel of the state, your own and your fellows, you shall keep secret, unless called on in a court of justice to make disclosures. You shall present no person through malice, hatred, or ill will, nor shall you leave any person unpresented through fear, favor, or affection, or for any reward or hope thereof; but in all your presentments you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding.
(2) For grand juries impaneled pursuant to subsection (4) of section 29-1401, when the foreperson shall be appointed, an oath or affirmation shall be administered to him or her in the following words: Saving yourself and fellow jurors, you, as foreperson of this grand inquest, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge or otherwise come to your knowledge, touching the present service. The counsel of the state, your own and your fellows, you shall keep secret during the course of the impaneled grand jury's investigation and deliberations, unless called on in a court of justice to make disclosures. You shall present no person through malice, hatred, or ill will, nor shall you leave any person unpresented through fear, favor, or affection, or for any reward or hope thereof; but in all your presentments you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding.
Source
G.S.1873, c. 58, § 395, p. 814;
R.S.1913, § 9034;
C.S.1922, § 10058;
C.S.1929, § 29-1404;
R.S.1943, § 29-1404;
Laws 2016, LB1000, § 6.
Annotations
Oath construed. Krause v. State, 88 Neb. 473, 129 N.W. 1020 (1911).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1405 - Jurors; oath or affirmation; form.

29-1405.
Jurors; oath or affirmation; form.
Thereupon the following oath or affirmation shall be administered to the other grand jurors: The same oath which A. B., your foreman, hath now taken before you on his part, you, and each of you, shall well and truly observe and keep on your respective parts.
Source
G.S.1873, c. 58, § 396, p. 814;
R.S.1913, § 9035;
C.S.1922, § 10059;
C.S.1929, § 29-1405;
R.S.1943, § 29-1405.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1406 - Judge; charge to jury; instruction as to powers and duties.

29-1406.
Judge; charge to jury; instruction as to powers and duties.
(1) The grand jury, after being sworn, shall be charged as to their duty by the judge, who shall call their attention particularly to the obligation of secrecy which their oaths impose, and to such offenses as he or she is by law required to specially charge.
(2) Upon impanelment of each grand jury, the court shall give to such grand jury adequate and reasonable written notice of and shall assure that the grand jury reasonably understands the nature of:
(a) Its duty to inquire into offenses against the criminal laws of the State of Nebraska alleged to have been committed or, in the case of a grand jury impaneled pursuant to subsection (4) of section 29-1401, its duty to inquire into offenses against the criminal laws of the State of Nebraska regarding the death of a person who has died while being apprehended or while in the custody of a law enforcement officer or detention personnel;
(b) Its right to call and interrogate witnesses;
(c) Its right to request the production of documents or other evidence;
(d) The subject matter of the investigation and the criminal statutes or other statutes involved, if these are known at the time the grand jury is impaneled;
(e) The duty of the grand jury by an affirmative vote of twelve or more members of the grand jury to determine, based on the evidence presented before it, whether or not there is probable cause for finding indictments and to determine the violations to be included in any such indictments;
(f) The requirement that the grand jury may not return an indictment in cases of perjury unless at least two witnesses to the same fact present evidence establishing probable cause to return such an indictment; and
(g) In the case of a grand jury impaneled pursuant to subsection (4) of section 29-1401, if the grand jury returns a no true bill:
(i) The grand jury shall create a grand jury report with the assistance of the prosecuting attorney. The grand jury report shall briefly provide an explanation of the grand jury's findings and any recommendations the grand jury determines to be appropriate based upon the grand jury's investigation and deliberations; and
(ii) The no true bill and the grand jury report shall be filed with the court, where they shall be available for public review, along with the grand jury transcript provided for in subsection (3) of section 29-1407.01.
Source
G.S.1873, c. 58, § 397, p. 814;
R.S.1913, § 9036;
C.S.1922, § 10060;
C.S.1929, § 29-1406;
R.S.1943, § 29-1406;
Laws 1979, LB 524, § 1;
Laws 2016, LB1000, § 7;
Laws 2020, LB881, § 15.
Annotations
Wide discretion is allowed judge in charge, which appellate court will not control. Clair v. State, 40 Neb. 534, 59 N.W. 118 (1894).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1407 - Grand jury; duties.

29-1407.
Grand jury; duties.
After the charge of the court, the grand jury shall retire with the officer appointed to attend to them, and shall proceed to inquire of and present all offenses whatever committed within the limits of the county in and for which they were impaneled and sworn or affirmed.
Source
G.S.1873, c. 58, § 398, p. 814;
R.S.1913, § 9037;
C.S.1922, § 10061;
C.S.1929, § 29-1407;
Laws 1939, c. 18, § 20, p. 111;
C.S.Supp.,1941, § 29-1407;
R.S.1943, § 29-1407;
Laws 1959, c. 118, § 4, p. 450;
Laws 1979, LB 524, § 2.
Annotations
"All offenses" embrace misdemeanors. Nelson v. State, 115 Neb. 26, 211 N.W. 175 (1926).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1408 - County attorney; powers; special prosecutor; when appointed.

29-1408.
County attorney; powers; special prosecutor; when appointed.
The county attorney or the assistant county attorney shall be allowed at all times to appear before the grand jury for the purpose of giving information relative to any matter cognizable by such jury, or giving such jury advice upon any legal matter the jury may require, and such county attorney or assistant county attorney may interrogate witnesses before the jury when the grand jurors, the county attorney, or the assistant county attorney shall deem it necessary; except that no person shall be permitted to remain in the room with such jury while the grand jurors are expressing their views or giving their votes on any matter before the jury;
Provided,
whenever it shall be made to appear to the judge or judges of the district court that investigation should be made regarding official acts of county officials, the foreman shall forthwith notify the Governor of the state, who shall forthwith appoint a special prosecutor to appear and act in the place of the county attorney or the assistant county attorney in all matters relating thereto before such grand jury in like manner as though county attorney; and the county attorney or the assistant county attorney shall be excluded from the presence of the grand jury during all proceedings which relate to the subject matter for which the special prosecutor was appointed; except that nothing in this section shall prevent the county attorney or assistant county attorney from appearing as a witness before a grand jury for which a special prosecutor has been appointed.
Source
G.S.1873, c. 58, § 399, p. 814;
R.S.1913, § 9038;
C.S.1922, § 10062;
C.S.1929, § 29-1408;
Laws 1939, c. 18, § 21, p. 112;
C.S.Supp.,1941, § 29-1408;
R.S.1943, § 29-1408;
Laws 1980, LB 635, § 1.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1409 - Subpoenas; issuance; advisement of rights; form; effect.

29-1409.
Subpoenas; issuance; advisement of rights; form; effect.
(1) Whenever required by the grand jury, or the prosecuting attorney, the clerk of the court in which such jury is impaneled shall issue subpoenas and other process to bring witnesses to testify before such grand jury.
(2) At the option of the prosecuting attorney, a grand jury subpoena may contain an advisement of rights. If the prosecuting attorney determines that an advisement is necessary, the grand jury subpoena shall contain the following prominently displayed on the front of the subpoena:
NOTICE
(a) You have the right to retain an attorney to represent you and to advise you regarding your grand jury appearance.
(b) Anything you say to the grand jury may be used against you in a court of law.
(c) You have the right to refuse to answer questions if you feel the answers would tend to incriminate you or to implicate you in any illegal activity.
(d) If you cannot afford or obtain an attorney, you may consult with the public defender's office, or request the court to appoint an attorney to represent you.
(3) Any witness who is not advised of his or her rights pursuant to subsection (2) of this section shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he or she testifies or any evidence he or she produces, nor shall any such testimony or evidence be used as evidence in any criminal proceeding, except for perjury, against him or her in any court.
Source
G.S.1873, c. 58, § 400, p. 815;
R.S.1913, § 9039;
C.S.1922, § 10063;
C.S.1929, § 29-1409;
R.S.1943, § 29-1409;
Laws 1979, LB 524, § 4.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1410 - Witness; oath or affirmation; administration.

29-1410.
Witness; oath or affirmation; administration.
Before any witness shall be examined by the grand jury, an oath or affirmation shall be administered to him by the clerk truly to testify of such matters and things as may be lawfully inquired of before the jury, a certificate whereof the clerk shall make and deliver to such witness, who shall present the same to the foreman of the grand jury when he is admitted for examination.
Source
G.S.1873, c. 58, § 401, p. 815;
R.S.1913, § 9040;
C.S.1922, § 10064;
C.S.1929, § 29-1410;
R.S.1943, § 29-1410.
Annotations
Oath of secrecy of grand jury deliberations is not prohibited. State v. Abboud, 181 Neb. 84, 147 N.W.2d 152 (1966).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1410.01 - Request to testify or appear; denial; how treated.

29-1410.01.
Request to testify or appear; denial; how treated.
Any person may approach the prosecuting attorney or the grand jury and request to testify or retestify in an inquiry before a grand jury or to appear before a grand jury. The prosecuting attorney or the grand jury shall keep a record of all denials of such requests to that prosecuting attorney or grand jury, including the reasons for not allowing such person to testify or appear. If the person making such request is dissatisfied with the decision of the prosecuting attorney or the grand jury, such person may petition the court for hearing on the denial by the prosecuting attorney or the grand jury. If the court grants the hearing, then the court may permit the person to testify or appear before the grand jury if the court finds that such testimony or appearance would serve the interests of justice.
Source
Laws 1979, LB 524, § 5.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1411 - Witness; privilege against self-incrimination; immunity; right to counsel; refusal to answer; procedure.

29-1411.
Witness; privilege against self-incrimination; immunity; right to counsel; refusal to answer; procedure.
(1) In any proceeding before the grand jury, if the prosecuting attorney has written notice in advance of the appearance of a witness that such witness intends to exercise his or her privilege against self-incrimination, such witness shall not be compelled to appear before the grand jury unless a grant of immunity has been obtained.
(2) Any witness subpoenaed to appear and testify before a grand jury or to produce books, papers, documents, or other objects before such grand jury shall be entitled to assistance of counsel during any time that such witness is being questioned in the presence of such grand jury, and counsel may be present in the grand jury room with his or her client during such questioning. Counsel for the witness shall be permitted only to counsel with the witness and shall not make objections, arguments, or address the grand jury. Such counsel may be retained by the witness or may, for any person financially unable to obtain adequate assistance, be appointed in the same manner as if that person were eligible for appointed counsel. An attorney present in the grand jury room shall take an oath of secrecy. If the court, at an in camera hearing, determines that counsel was disruptive, then the court may order counsel to remain outside the courtroom when advising his or her client. No attorney shall be permitted to provide counsel in the grand jury room to more than one witness in the same criminal investigation, except with the permission of the grand jury.
(3) If any witness appearing before a grand jury shall refuse to answer any interrogatories during the course of his or her examination, the fact shall be communicated to the court in writing, in which the question refused to be answered shall be stated, together with the excuse for the refusal, if any be given by the person interrogated. The court shall thereupon determine whether the witness is bound to answer or not, and the grand jury shall be immediately informed of the decision.
Source
G.S.1873, c. 58, § 402, p. 815;
R.S.1913, § 9041;
C.S.1922, § 10065;
C.S.1929, § 29-1411;
R.S.1943, § 29-1411;
Laws 1979, LB 524, § 6.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1412 - Witness; refusal to testify or provide other information; contempt; right to counsel; penalty; hearing; confinement; limitation.

29-1412.
Witness; refusal to testify or provide other information; contempt; right to counsel; penalty; hearing; confinement; limitation.
(1)(a) Whenever a witness in any proceeding before any grand jury refuses, without just cause shown, to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording, or other material, the prosecuting attorney may submit an application to the court for an order directing the witness to show why the witness should not be held in contempt. After submission of such application and a hearing at which the witness may be represented by counsel, the court may, if the court finds that such refusal was without just cause, hold the witness in contempt and order the witness to be confined or to pay a fine of not to exceed five hundred dollars. Such confinement shall continue until such time as the witness is willing to give such testimony or provide such information, except that the court may release the witness from confinement if the court determines that further confinement will not cause the witness to give such testimony or provide such information. No period of such confinement shall exceed the term of the grand jury, including extensions, before which such refusal to comply with the court order occurred, and in no event shall such confinement exceed six months.
(b) If a witness has been confined in accordance with subsection (1)(a) of this section, he or she may, upon petition filed with the court, request a hearing to be held within ten days to review the contempt order at which hearing he or she shall have the right to be represented by counsel. The court, at the hearing, may rescind, modify, or affirm the order.
(c) In any proceeding conducted under this section, counsel may be appointed for a person financially unable to obtain adequate assistance.
(2) No person who has been confined or fined by a court for refusal to testify or provide other information concerning any criminal incident or incidents in any proceeding before a grand jury impaneled before any district court shall again be confined or fined for a subsequent refusal to testify or provide other information concerning the same criminal incident or incidents before any grand jury.
Source
G.S.1873, c. 58, § 403, p. 815;
R.S.1913, § 9042;
C.S.1922, § 10066;
C.S.1929, § 29-1412;
R.S.1943, § 29-1412;
Laws 1979, LB 524, § 7.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1412.01 - Grand jury; subpoena to testify or produce documents; not required to comply; when.

29-1412.01.
Grand jury; subpoena to testify or produce documents; not required to comply; when.
No person subpoenaed to testify or to produce books, papers, documents, or other objects in any proceeding before any grand jury shall be required to testify or to produce such objects, or be confined as provided in section 29-1412, for his or her failure to so testify or produce such object if, upon filing a motion and, upon an evidentiary hearing before the court which issued such subpoena or a court having jurisdiction under this section, the court finds that:
(1) A primary purpose or effect of requiring such person to so testify or to produce such objects before the grand jury is or will be to secure testimony for trial for which the defendant has already been charged by information, indictment, or criminal complaint;
(2) Compliance with a subpoena would be unreasonable or oppressive;
(3) A primary purpose of the issuance of the subpoena is to harass the witness;
(4) The witness has already been confined or fined under this section for his or her refusal to testify before any grand jury investigating the same transaction, set of transactions, event, or events; or
(5) The witness has not been advised of his or her rights as specified in subsection (2) of section 29-1409.
Source
Laws 1979, LB 524, § 8.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1413 - Vacancy; how filled.

29-1413.
Vacancy; how filled.
In case of the sickness, death, discharge or nonattendance of any grand juror, after the grand jury shall be affirmed or sworn, it shall be lawful for the court, at its discretion to cause another to be sworn or affirmed in his stead.
Source
G.S.1873, c. 58, § 404, p. 815;
R.S.1913, § 9043;
C.S.1922, § 10067;
C.S.1929, § 29-1413;
R.S.1943, § 29-1413.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1414 - Disclosure of indictment; when prohibited.

29-1414.
Disclosure of indictment; when prohibited.
No grand juror or officer of the court shall disclose that an indictment has been found against any person not in custody or under bail, except by the issuing of process, until the indictment is filed.
Source
G.S.1873, c. 58, § 406, p. 815;
R.S.1913, § 9044;
C.S.1922, § 10068;
C.S.1929, § 29-1414;
R.S.1943, § 29-1414;
Laws 2018, LB193, § 52.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1415 - Disclosure of juror's vote or opinion; prohibited.

29-1415.
Disclosure of juror's vote or opinion; prohibited.
No grand juror shall be allowed to state or testify in any court in what manner he or other members of the grand jury voted on any question before them, or what opinion was expressed by any juror in relation to such question.
Source
G.S.1873, c. 58, § 407, p. 815;
R.S.1913, § 9045;
C.S.1922, § 10069;
C.S.1929, § 29-1415;
R.S.1943, § 29-1415.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1416 - Indictment; how found; endorsement; no true bill; effect.

29-1416.
Indictment; how found; endorsement; no true bill; effect.
(1) At least twelve of the grand jurors must concur in the finding of an indictment; when so found the foreman shall endorse on such indictment the words A true bill, and subscribe his or her name thereto as foreman.
(2) Once a grand jury has returned a no true bill based upon a transaction, set of transactions, event, or events, a grand jury inquiry into the same transaction or events shall not be initiated unless the court finds, upon a proper showing by the prosecuting attorney, that the prosecuting attorney has discovered additional evidence relevant to such inquiry.
Source
G.S.1873, c. 58, § 408, p. 816;
R.S.1913, § 9046;
C.S.1922, § 10070;
C.S.1929, § 29-1416;
R.S.1943, § 29-1416;
Laws 1979, LB 524, § 9.
Annotations
Indictment must be endorsed and endorsement subscribed by foreman. Goldsberry v. State, 92 Neb. 211, 137 N.W. 1116 (1912).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1417 - County jail; examination; report.

29-1417.
County jail; examination; report.
The grand jury may at each term of the court at which they may be in attendance, visit the county jail, and examine and report its condition, as required by law.
Source
G.S.1873, c. 58, § 409, p. 816;
R.S.1913, § 9047;
C.S.1922, § 10071;
C.S.1929, § 29-1417;
R.S.1943, § 29-1417;
Laws 1959, c. 118, § 5, p. 451.
Cross References
Jails, duty of grand juries and county boards to inspect, see section 47-108 et seq.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1418 - Indictments; presentation; filing; finding of probable cause; dismissal; motions.

29-1418.
Indictments; presentation; filing; finding of probable cause; dismissal; motions.
(1) Indictments returned by a grand jury shall be presented by their foreman to the court and shall be filed with the clerk, who shall endorse thereon the day of their filing and shall enter each case upon the register of actions and the date when the parties indicted have been arrested.
(2) Any grand jury may indict a person for an offense when the evidence before such grand jury provides probable cause to believe that such person committed such offense.
(3) The district court before which the indicted defendant is to be tried shall dismiss any indictment of the grand jury if such district court finds, upon the filing of a motion by the indicted defendant based upon the grand jury record without argument or further evidence, that the grand jury finding of probable cause is not supported by the record.
(4) Any other motions testing the validity of the indictment may be heard by the court based only on the record and argument of counsel, unless there is cause shown for the need for additional evidence.
Source
G.S.1873, c. 58, § 410, p. 816;
R.S.1913, § 9048;
C.S.1922, § 10072;
C.S.1929, § 29-1418;
R.S.1943, § 29-1418;
Laws 1979, LB 524, § 10;
Laws 2018, LB193, § 53.
Annotations
Any error in a ruling on a motion to dismiss under subsection (3) of this section based on the sufficiency of evidence before a grand jury is cured by a subsequent finding at trial of guilt beyond a reasonable doubt which is supported by sufficient evidence. State v. Chauncey, 295 Neb. 453, 890 N.W.2d 453 (2017).
This section requires the clerk of the trial court to endorse upon an indictment the date of its filing and to enter the case upon the docket. State v. Muse, 15 Neb. App. 13, 721 N.W.2d 661 (2006).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1419 - Trial of indictments; recognizances; undisposed indictments; trial by special prosecutor; when.

29-1419.
Trial of indictments; recognizances; undisposed indictments; trial by special prosecutor; when.
The court shall assign such indictments for trial at as early a time in such term as is practicable. And the recognizances of parties and witnesses shall, in all such causes, be taken for their appearance at the time so assigned; and in case of the continuance of any cause to the next term of court, such recognizances shall be for the appearance of the parties and witnesses on such day thereof as the court may direct. At the end of the term the clerk shall deliver the indictments undisposed of to the prosecuting attorney for safekeeping;
Provided, however,
that where a special prosecutor shall have been appointed by the Governor of the state for the assistance of such grand jury, then the trials of indictments growing out of matters concerning which he has been appointed shall be conducted by such special prosecutor so appointed in all respects as though such special prosecutor were such county attorney; and all provisions relating to the acts of county attorneys shall be deemed to apply to such special prosecutor.
Source
G.S.1873, c. 58, § 411, p. 816;
R.S.1913, § 9049;
C.S.1922, § 10073;
C.S.1929, § 29-1419;
Laws 1939, c. 18, § 22, p. 112;
C.S.Supp.,1941, § 29-1419;
R.S.1943, § 29-1419.
Annotations
Trial of all indictments shall be had in district court for county in which same were found, and includes indictments for misdemeanors. Nelson v. State, 115 Neb. 26, 211 N.W. 175 (1926).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1420 - Report; made public; when; transfer of evidence.

29-1420.
Report; made public; when; transfer of evidence.
(1) Except as provided in subdivision (2)(g) of section 29-1406, the report of the grand jury shall not be made public except when the report is filed, including indictments, or when required by statute or except that all of the report or a portion thereof may be released if the judge of the district court finds that such a release will exonerate a person or persons who have requested such a release.
(2) A district judge under whose direction a grand jury has been impaneled may, upon good cause shown, transfer to a court of competent jurisdiction in another county or jurisdiction any evidence gathered by the grand jury that offenses have been committed in such other county or jurisdiction.
Source
Laws 1979, LB 524, § 11;
Laws 1990, LB 1246, § 11;
Laws 2016, LB1000, § 9.
Annotations
Court approval for the release of grand jury proceedings when there has been a "no true bill" is limited by statute to witnesses and to other courts. In re Grand Jury of Lancaster Cty., 269 Neb. 436, 693 N.W.2d 285 (2005).
Grand jury's report was not authorized for publication and was ordered expunged from the records of the district court. In re Grand Jury of Douglas Cty., 244 Neb. 798, 509 N.W.2d 212 (1993).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1503 - Forgery; instruments; how described.

29-1503.
Forgery; instruments; how described.
In any indictment for falsely making, altering, forging, printing, photographing, uttering, disposing of or putting off any instrument, it shall be sufficient to set forth the purport and value thereof.
Source
G.S.1873, c. 58, § 414, p. 817;
R.S.1913, § 9052;
C.S.1922, § 10076;
C.S.1929, § 29-1503;
R.S.1943, § 29-1503.
Annotations
Variance between information charging forgery and note alleged to be forged was not fatal. Flannigan v. State, 127 Neb. 640, 256 N.W. 321 (1934).
Where information charged forgery of checks, it was proper, but not necessary, to set forth a copy of the endorsements on the back of the checks. Cooper v. State, 123 Neb. 605, 243 N.W. 837 (1932).
On information for forgery, variance not prejudicial to rights of defendant was immaterial. Burlingim v. State, 61 Neb. 276, 85 N.W. 76 (1901).
Forgery and fraudulent uttering of one instrument by same person is but one crime. Griffen v. State, 46 Neb. 282, 64 N.W. 966 (1895); In re Walsh, 37 Neb. 454, 55 N.W. 1075 (1893).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1504 - Offenses other than forgery; instruments; how described.

29-1504.
Offenses other than forgery; instruments; how described.
In all cases other than those mentioned in section 29-1503, whenever it shall be necessary to make any averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print or figures, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof.
Source
G.S.1873, c. 58, § 416, p. 817;
R.S.1913, § 9053;
C.S.1922, § 10077;
C.S.1929, § 29-1504;
R.S.1943, § 29-1504.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1505 - Counterfeiting; instruments or means; how described.

29-1505.
Counterfeiting; instruments or means; how described.
In any indictment for engraving or making the whole or any part of any instrument, matter or thing, or for using or having the unlawful custody or possession of any plate or other material upon which the whole or any part of any instrument, matter or thing shall have been engraved or made, or for having the unlawful custody or possession of any paper upon which the whole or any part of any instrument, matter or thing shall have been made or printed, it shall be sufficient to describe such instruments, matter or thing by any name or designation by which the same may be usually known.
Source
G.S.1873, c. 58, § 415, p. 817;
R.S.1913, § 9054;
C.S.1922, § 10078;
C.S.1929, § 29-1505;
R.S.1943, § 29-1505.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1506 - Intent to defraud; how alleged; proof.

29-1506.
Intent to defraud; how alleged; proof.
It shall be sufficient in any indictment where it shall be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud without alleging an intent to defraud any particular person or body corporate, and on the trial of any such indictment, it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with intent to defraud.
Source
G.S.1873, c. 58, § 417, p. 818;
R.S.1913, § 9055;
C.S.1922, § 10079;
C.S.1929, § 29-1506;
R.S.1943, § 29-1506.
Annotations
In prosecution for uttering forged check, it was not necessary to allege intent to defraud any particular person. Benedict v. State, 166 Neb. 295, 89 N.W.2d 82 (1958).
Omission from information of name of party defrauded does not render information insufficient. Bullington v. State, 123 Neb. 432, 243 N.W. 273 (1932).
On indictment for forgery, it is sufficient to allege intent to defraud without specifying any particular person. Davis v. State, 58 Neb. 465, 78 N.W. 930 (1899).
Information is sufficient if it charges intent to defraud in general terms. Morearty v. State, 46 Neb. 652, 65 N.W. 784 (1896).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1507 - Ownership by more than one person; how alleged.

29-1507.
Ownership by more than one person; how alleged.
When any offense is committed upon or in relation to any property belonging to several partners, limited liability company members, or owners, and an indictment for such offense is returned, the allegation of ownership therein shall be sufficient if it alleges that such property belonged to any one or more of such partners, limited liability company members, or owners, without naming all of them.
Source
G.S.1873, c. 58, § 418, p. 818;
R.S.1913, § 9056;
C.S.1922, § 10080;
C.S.1929, § 29-1507;
R.S.1943, § 29-1507;
Laws 1993, LB 121, § 191;
Laws 1994, LB 884, § 55.
Annotations
Allegation of ownership is not an essential element in charging the crime of burglary. Sedlacek v. State, 147 Neb. 834, 25 N.W.2d 533 (1946).
When property of several partners is stolen, information is sufficient if it alleges property belongs to any one or more of such partners. Brown v. State, 103 Neb. 271, 171 N.W. 906 (1919).
In charging offense upon property of several owners, it is sufficient to allege ownership in one or more. Brinegar v. State, 82 Neb. 558, 118 N.W. 475 (1908).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1508 - Joinder of offenses with larceny; finding of guilty on any count.

29-1508.
Joinder of offenses with larceny; finding of guilty on any count.
An indictment for larceny may contain also a count for obtaining the same property by false pretenses, or a count for embezzlement thereof, and for receiving or concealing the same property, knowing it to have been stolen; and the jury may convict of either offense, and may find all or any of the persons indicted guilty of either of the offenses charged in the indictment.
Source
G.S.1873, c. 58, § 419, p. 818;
R.S.1913, § 9057;
C.S.1922, § 10081;
C.S.1929, § 29-1508;
R.S.1943, § 29-1508.
Annotations
Different felonies of same grade, subject to same punishment, may be charged in separate counts. Sheppard v. State, 104 Neb. 709, 178 N.W. 616 (1920).
Prosecution for receiving stolen property may be had in this state although property was stolen in another state. In prosecution for receiving stolen property, it is necessary to allege and prove that defendant knew that property was stolen. Egan v. State, 97 Neb. 731, 151 N.W. 237 (1915).
Information for larceny may contain also a count for receiving the stolen property. Korab v. State, 93 Neb. 66, 139 N.W. 717 (1913); Brown v. State, 88 Neb. 411, 129 N.W. 545 (1911).
Different criminal acts, part of same transaction, may be charged in same indictment. Lawhead v. State, 46 Neb. 607, 65 N.W. 779 (1896).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1509 - Money; how described; proof.

29-1509.
Money; how described; proof.
In every indictment in which it shall be necessary to make any averment as to any money or bank bills or notes, United States treasury notes, postal and fractional currency, or other bills, bonds or notes, issued by lawful authority and intended to pass and circulate as money, it shall be sufficient to describe such money or bills, notes, currency or bonds simply as money, without specifying any particular coin, note, bill or bond; and such allegation shall be sustained by proof of any amount of coin or of any such note, bill, currency or bond, although the particular species of coin of which such amount was composed, or the particular nature of such note, bill, currency or bond shall not be proved.
Source
G.S.1873, c. 58, § 420, p. 818;
R.S.1913, § 9058;
C.S.1922, § 10082;
C.S.1929, § 29-1509;
R.S.1943, § 29-1509.
Annotations
This section excuses in indictment particularity in description as to money. Bartley v. State, 55 Neb. 294, 75 N.W. 832 (1898).
Averment as to character of money stolen is surplusage. Tracey v. State, 46 Neb. 361, 64 N.W. 1069 (1895).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1510 - Election cases; allegation of legality; sufficiency.

29-1510.
Election cases; allegation of legality; sufficiency.
When an offense shall be committed in relation to any election and an indictment for such offense is returned, the allegation of the legality and regularity of such election shall be sufficient if it alleges that such election was authorized by law, without stating the names of the officers holding the election, or the persons voted for, or the offices to be filled at such election.
Source
G.S.1873, c. 58, § 421, p. 818;
R.S.1913, § 9059;
C.S.1922, § 10083;
C.S.1929, § 29-1510;
R.S.1943, § 29-1510.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1511 - Perjury and subornation; allegations; sufficiency.

29-1511.
Perjury and subornation; allegations; sufficiency.
In every indictment for perjury or subornation of perjury it shall be sufficient to set forth the substance of the offense charged upon the defendant, and before what court the oath or affirmation was taken, averring such court or authority to have full power to administer the same, together with the proper averment or counts to falsify the matter or matters wherein the perjury is assigned, without setting forth any part of any record or proceeding, in law or equity, other than as aforesaid, and without setting forth the commission or authority of the court, or other authority before whom the perjury was committed.
Source
G.S.1873, c. 58, § 422, p. 818;
R.S.1913, § 9060;
C.S.1922, § 10084;
C.S.1929, § 29-1511;
R.S.1943, § 29-1511.
Annotations
To sustain information charging perjury, alleged false testimony must be in respect to matter material in action in which given. Shevalier v. State, 85 Neb. 366, 123 N.W. 424 (1909).
Applied to all cases where grand juries were required before act took effect. Jones v. State, 18 Neb. 401, 25 N.W. 527 (1885).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1512 - Manslaughter; allegations; sufficiency.

29-1512.
Manslaughter; allegations; sufficiency.
In any indictment for manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death was caused; but it shall be sufficient to charge that the defendant did unlawfully kill and slay the deceased.
Source
G.S.1873, c. 58, § 425, p. 819;
R.S.1913, § 9061;
C.S.1922, § 10085;
C.S.1929, § 29-1512;
R.S.1943, § 29-1512.
Annotations
Information drawn in language of statute is sufficient to charge manslaughter arising from leaving motor vehicle illegally parked on highway. Vaca v. State, 150 Neb. 516, 34 N.W.2d 873 (1948).
In charging crime of manslaughter, it is not necessary to set forth the manner or means by which death was caused. Anderson v. State, 150 Neb. 116, 33 N.W.2d 362 (1948).
This section is constitutional, and any information drawn in the language of the statute is sufficient to properly charge the crime. Puckett v. State, 144 Neb. 876, 15 N.W.2d 63 (1944); Cowan v. State, 140 Neb. 837, 2 N.W.2d 111 (1942).
2023 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).
2023 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.