reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-1927 - Admission of evidence of alibi; notice required; waiver.

29-1927.
Admission of evidence of alibi; notice required; waiver.
No evidence offered by a defendant for the purpose of establishing an alibi to an offense shall be admitted in the trial of the case unless notice of intention to rely upon an alibi is given to the county attorney and filed with the court at least thirty days before trial, except that such notice shall be waived by the presiding judge if necessary in the interests of justice.
Source
Laws 1993, LB 430, § 4.
Annotations
This section does not allow a court to order the disclosure of the identity of a defendant's alibi witnesses prior to trial. State v. Woods, 255 Neb. 755, 587 N.W.2d 122 (1998).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2003 - Joint indictment; special venire; when required; how drawn.

29-2003.
Joint indictment; special venire; when required; how drawn.
When two or more persons have been charged together in the same indictment or information with a crime, and one or more have demanded a separate trial and had the same, and when the court is satisfied by reason of the same evidence being required in the further trial of parties to the same indictment or information, that the petit jurors from the jury panel and bystanders are incompetent, because of having heard the evidence, to sit in further causes in the same indictment or information, then the court may require the jury commissioner to draw in the same manner as described in section 25-1656 such number of names as the court may direct as a separate jury panel from which a jury may be selected, which panel shall be notified and summoned for the day and hour as ordered by the court. The jurors whose names are so drawn shall be summoned to forthwith appear before the court, and, after having been examined, such as are found qualified and have no lawful excuse for not serving as jurors shall constitute a special venire from which the court shall proceed to have a jury impaneled for the trial of the cause. The court may repeat the exercise of this power until all the parties charged in the same indictment or information have been tried.
Source
Laws 1881, c. 34, § 1, p. 213;
R.S.1913, § 9106;
C.S.1922, § 10131;
C.S.1929, § 29-2003;
R.S.1943, § 29-2003;
Laws 2020, LB387, § 42.
Annotations
If several juries are picked at one time from a single jury panel for a series of trials, examination must be allowed if requested for good reason in subsequent trials in the series to determine if any jurors should be excused for cause. State v. Myers, 190 Neb. 466, 209 N.W.2d 345 (1973).
Where separate trials are held on joint indictment or information for commission of single offense, jurors who sat in trial of one defendant are disqualified to sit in trial of others. Seaton v. State, 106 Neb. 833, 184 N.W. 890 (1921).
Section applies only when two or more persons are charged in the same indictment and one has had a separate trial. Koenigstein v. State, 101 Neb. 229, 162 N.W. 879 (1917).
Provisions of this section are not exclusive. Aabel v. State, 86 Neb. 711, 126 N.W. 316 (1910); Barber v. State, 75 Neb. 543, 106 N.W. 423 (1906); Barney v. State, 49 Neb. 515, 68 N.W. 636 (1896).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2007 - Challenges for cause; how tried.

29-2007.
Challenges for cause; how tried.
All challenges for cause shall be tried by the court, on the oath of the person challenged, or on other evidence, and such challenge shall be made before the jury is sworn, and not afterward.
Source
G.S.1873, c. 58, § 469, p. 827;
R.S.1913, § 9110;
C.S.1922, § 10135;
C.S.1929, § 29-2007;
R.S.1943, § 29-2007.
Annotations
This section does not bar examination and challenge for cause in subsequent trials in series even after jury is sworn if several juries are picked at one time from a single jury panel for a series of trials. State v. Myers, 190 Neb. 466, 209 N.W.2d 345 (1973).
All challenges for cause are decided by court. Rakes v. State, 158 Neb. 55, 62 N.W.2d 273 (1954).
In impaneling a jury, all challenges for cause are tried to the court. Lee v. State, 147 Neb. 333, 23 N.W.2d 316 (1946).
If cause of challenge is denied by juror on voir dire after accused's peremptory challenges are exhausted, accused has right to have issue tried and witnesses examined. Trobough v. State, 119 Neb. 128, 227 N.W. 443 (1929).
Decision of trial judge being based on consideration of all facts developed during examination, including appearance and actions of juror, will not be reversed unless clearly wrong. Bemis v. City of Omaha, 81 Neb. 352, 116 N.W. 31 (1908); Ward v. State, 58 Neb. 719, 79 N.W. 725 (1899).
Evidence relating to challenges to jurors cannot be considered unless settled and allowed by bill of exceptions. West v. State, 63 Neb. 257, 88 N.W. 503 (1901).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2008 - Defendants tried together; number of peremptory challenges allowed.

29-2008.
Defendants tried together; number of peremptory challenges allowed.
If two or more persons be put on trial at the same time, each must be allowed his separate peremptory challenge, and in such cases the attorney prosecuting on behalf of the state shall be allowed such peremptory challenges for each of such defendants as are allowed by law.
Source
G.S.1873, c. 58, § 470, p. 827;
R.S.1913, § 9111;
Laws 1915, c. 167, § 1, p. 338;
C.S.1922, § 10136;
C.S.1929, § 29-2008;
R.S.1943, § 29-2008.
Annotations
When defendants, being tried together, do not demand full number of challenges allowed, their rights thereto are waived. Nash v. State, 110 Neb. 712, 194 N.W. 869 (1923).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2009 - Jurors; oath; form.

29-2009.
Jurors; oath; form.
When all challenges have been made, the following oath shall be administered: You shall well and truly try, and true deliverance make, between the State of Nebraska and the prisoner at the bar (giving his name), so help you God.
Source
G.S.1873, c. 58, § 471, p. 827;
R.S.1913, § 9112;
C.S.1922, § 10137;
C.S.1929, § 29-2009;
R.S.1943, § 29-2009.
Annotations
Trial court's journal entry reciting jury was sworn imports verity absent contrary proof. State v. Martin, 198 Neb. 811, 255 N.W.2d 844 (1977).
It is the duty of jury to endeavor to agree upon verdict; agreement by them to evade such duty is violation of oath. Green v. State, 10 Neb. 102, 4 N.W. 422 (1880).
Where record states that jury was sworn "to well and truly try and true deliverance make upon the issue joined between the parties," it is presumed that oath was administered in statutory form. Smith v. State, 4 Neb. 277 (1876).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2010 - Juror; affirmation; form.

29-2010.
Juror; affirmation; form.
Any juror shall be allowed to make affirmation, and the words this you do as you shall answer under the pains and penalties of perjury shall be substituted instead of the words so help you God.
Source
G.S.1873, c. 58, § 472, p. 827;
R.S.1913, § 9113;
C.S.1922, § 10138;
C.S.1929, § 29-2010;
R.S.1943, § 29-2010.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2011 - Jurors; permitted to take notes; use; destruction.

29-2011.
Jurors; permitted to take notes; use; destruction.
Jurors shall be permitted, but not required, to take notes. The notes may be used during the jury's deliberations and shall be treated as confidential between the juror making them and the other jurors. The trial judge shall ensure the confidentiality of the notes during the course of the trial and the jury's deliberations and shall instruct the bailiff to immediately mutilate and destroy such notes upon return of the verdict.
Source
Laws 2008, LB1014, § 72;
Laws 2020, LB387, § 43.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2011.03 - Order for testimony or information of witness; request; when.

29-2011.03.
Order for testimony or information of witness; request; when.
The county attorney, other prosecuting attorney, Auditor of Public Accounts, or chairperson of the Executive Board of the Legislative Council or chairperson of a standing committee or a special legislative investigative or oversight committee of the Legislature upon an affirmative vote of a majority of the board or committee, may request an order pursuant to section 29-2011.02 when in such person's judgment:
(1) The testimony or other information from such individual may be necessary to the public interest; and
(2) Such individual has refused or is likely to refuse to testify or provide other information on the basis of the privilege against self-incrimination.
Source
Laws 1982, LB 525, § 2;
Laws 1990, LB 1246, § 13;
Laws 2015, LB539, § 2;
Laws 2020, LB681, § 2.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2012 - Joint defendants; discharge of one or more; when authorized; effect.

29-2012.
Joint defendants; discharge of one or more; when authorized; effect.
When two or more persons shall be indicted together, the court may, at any time before the defendant has gone into his defense, direct any one of the defendants to be discharged that he may be a witness for the state. An accused may, also, when there is not sufficient evidence to put him upon his defense, be discharged by the court; or, if not discharged by the court, shall be entitled to the immediate verdict of the jury, for the purpose of giving evidence for others accused with him. Such order of discharge in either case shall be a bar to another prosecution for the same offense.
Source
G.S.1873, c. 58, § 474, p. 827;
R.S.1913, § 9115;
C.S.1922, § 10140;
C.S.1929, § 29-2012;
R.S.1943, § 29-2012.
Annotations
When separate trials are awarded to parties jointly indicted, each is a competent witness for the state upon the trial of other, without being first acquitted, and without entry of nolle prosequi. Carroll v. State, 5 Neb. 31 (1876).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2014 - Conspiracy; overt acts; allegations required; proof.

29-2014.
Conspiracy; overt acts; allegations required; proof.
In trials for conspiracy, in cases where an overt act is required by law to consummate the offense, no conviction shall be had unless one or more overt acts be expressly alleged in the indictment, nor unless one or more of the acts so alleged be proved on trial; but other overt acts not alleged in the indictment may be given in evidence on the part of the prosecution.
Source
G.S.1873, c. 58, § 476, p. 828;
R.S.1913, § 9117;
C.S.1922, § 10142;
C.S.1929, § 29-2014;
R.S.1943, § 29-2014.
Annotations
An information charging conspiracy to commit robbery satisfied the overt act requirement by alleging robbery as both the object of conspiracy and the overt act committed in pursuance thereof. State v. Davis, 310 Neb. 865, 969 N.W.2d 861 (2022).
In trials for conspiracy where an overt act is required by law to consummate the offense, a specific overt act must be alleged. An allegation that a person committed an overt act is not adequate. State v. Marco, 230 Neb. 355, 432 N.W.2d 1 (1988).
Doing of overt act by one or more of the conspirators is essential to conviction on charge of conspiracy. Beyl v. State, 165 Neb. 260, 85 N.W.2d 653 (1957).
An overt act effecting the object of a conspiracy is a necessary element of conspiracy. Platt v. State, 143 Neb. 131, 8 N.W.2d 849 (1943).
Mere tacit understanding to work to common unlawful purpose is all that is essential to guilty combination. Deupree v. Thornton, 97 Neb. 812, 151 N.W. 305 (1915), reversed on rehearing, 98 Neb. 804, 154 N.W. 557 (1915).
Conspiracy cannot be established by admissions alone of coconspirator who is not a party to record. State v. Merchants Bank, 81 Neb. 704, 116 N.W. 667 (1908); O'Brien v. State, 69 Neb. 691, 96 N.W. 649 (1903).
For rules as to proof of conspiracy in civil cases see Harvey v. Harvey, 75 Neb. 557, 106 N.W. 660 (1906); Farley v. Peebles, 50 Neb. 723, 70 N.W. 231 (1897).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2017 - Jury; view place of occurrence of material fact; restrictions.

29-2017.
Jury; view place of occurrence of material fact; restrictions.
Whenever in the opinion of the court it is proper for the jury to have a view of the place in which any material fact occurred, it may order them to be conducted in a body, under charge of the bailiff, to the place which shall be shown to them by the bailiff, an individual appointed by the court, or both. While the jury are thus absent, no person other than the bailiff or individual appointed by the court shall speak to them on any subject connected with the trial.
Source
G.S.1873, c. 58, § 479, p. 829;
R.S.1913, § 9120;
C.S.1922, § 10145;
C.S.1929, § 29-2017;
R.S.1943, § 29-2017;
Laws 2020, LB387, § 44.
Annotations
The court did not abuse discretion in rejecting defendant's motion to have jury visit jail from which he had escaped. State v. Glenn, 193 Neb. 230, 226 N.W.2d 137 (1975).
In absence of abuse of discretion, court may order, or refuse to permit, jury to inspect scene of alleged crime. State v. Craig, 189 Neb. 461, 203 N.W.2d 158 (1973).
No presumption that prisoner was not present at view, if record shows him to have been present in court when order was made, though record is silent as to presence at view. Fillion v. State, 5 Neb. 351 (1877).
View should be in presence of prisoner, unless he waives privilege. Carroll v. State, 5 Neb. 31 (1876).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2018 - Mistake in charging offense; prior to verdict; procedure.

29-2018.
Mistake in charging offense; prior to verdict; procedure.
When it shall appear at any time before the verdict that a mistake has been made in charging the proper offense, the accused shall not be discharged if there appears to be good cause to detain him in custody; but the court must recognize him to answer to the offense on the first day of the next term of such court, and shall, if necessary, likewise recognize the witnesses to appear and testify.
Source
G.S.1873, c. 58, § 480, p. 829;
R.S.1913, § 9121;
C.S.1922, § 10146;
C.S.1929, § 29-2018;
R.S.1943, § 29-2018.
Annotations
In recognizing defendant to appear at next term, judge acts as examining magistrate, and, if he discharges defendant without so recognizing him such discharge will not be bar to arrest and examination before another magistrate. Sieck v. State, 96 Neb. 782, 148 N.W. 928 (1914).
Though information is defective, court may hold accused if probable cause exists. State v. Kendall, 38 Neb. 817, 57 N.W. 525 (1894).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2019 - Mistake in charging offense; jury; discharge prior to verdict.

29-2019.
Mistake in charging offense; jury; discharge prior to verdict.
When a jury has been impaneled in a case contemplated by section 29-2018, such jury may be discharged without prejudice to the prosecution.
Source
G.S.1873, c. 58, § 481, p. 829;
R.S.1913, § 9122;
C.S.1922, § 10147;
C.S.1929, § 29-2019;
R.S.1943, § 29-2019.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2020 - Bill of exceptions by defendant; request; procedure; exception in capital cases.

29-2020.
Bill of exceptions by defendant; request; procedure; exception in capital cases.
Except as provided in section 29-2525 for cases when the punishment is capital, in all criminal cases when a defendant feels aggrieved by any opinion or decision of the court, he or she may order a bill of exceptions. The ordering, preparing, signing, filing, correcting, and amending of the bill of exceptions shall be governed by the rules established in such matters in civil cases.
Source
G.S.1873, c. 58, § 482, p. 829;
R.S.1913, § 9123;
C.S.1922, § 10148;
C.S.1929, § 29-2020;
R.S.1943, § 29-2020;
Laws 1959, c. 120, § 1, p. 452;
Laws 1961, c. 135, § 2, p. 390;
Laws 1990, LB 829, § 1;
Laws 2015, LB268, § 17;
Referendum 2016, No. 426.
Note:
The changes made to section 29-2020 by Laws 2015, LB 268, section 17, have been omitted because of the vote on the referendum at the November 2016 general election.
Cross References
Error proceedings by county attorney, decision on appeal, see section 29-2316.
Annotations
Preparation of bill of exceptions in criminal case is governed by rules governing a civil case. Benedict v. State, 166 Neb. 295, 89 N.W.2d 82 (1958).
Sufficient exceptions were taken by convicted defendant to warrant consideration of alleged errors committed at trial. Scott v. State, 121 Neb. 232, 236 N.W. 608 (1931).
Affidavits for continuance will not be considered by appellate court unless embodied in bill of exceptions. Hans v. State, 50 Neb. 150, 69 N.W. 838 (1897).
Facts of which there is no evidence or recitation in bill of exceptions, will be disregarded in Supreme Court. McCall v. State, 47 Neb. 660, 66 N.W. 635 (1896).
In capital case, want of exception will not necessarily deprive prisoner of right to new trial for prejudicial errors of court. Schlencker v. State, 9 Neb. 300, 2 N.W. 710 (1879).
Arguments of counsel on questions raised during trial and remarks of court in deciding them serve no useful place in bill of exceptions and should be omitted. Clough v. State, 7 Neb. 320 (1878).
Prisoner tried for felony is entitled to new trial on ground of prejudicial erroneous instruction, even though no objection was taken thereto. Thompson v. People, 4 Neb. 524 (1876).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2023 - Jury; discharged before verdict; effect; record.

29-2023.
Jury; discharged before verdict; effect; record.
In case a jury is discharged on account of sickness of a juror, or other accident or calamity requiring their discharge, or after they have been kept so long together that there is no probability of agreeing, the court shall, upon directing the discharge, order that the reasons for such discharge be entered upon the record and such discharge shall be without prejudice to the prosecution.
Source
G.S.1873, c. 58, § 485, p. 830;
R.S.1913, § 9126;
C.S.1922, § 10151;
C.S.1929, § 29-2023;
R.S.1943, § 29-2023;
Laws 2018, LB193, § 58;
Laws 2020, LB387, § 45.
Annotations
1. Discharge without prejudice
2. Basis for discharge
3. Journal entry
4. Miscellaneous
1. Discharge without prejudice
A mistrial because of disagreement of the jury is without prejudice to the right of the state to retry the defendant. State v. Fromkin, 174 Neb. 849, 120 N.W.2d 25 (1963).
In a criminal trial where the jury is discharged in accordance with this section, such discharge is without prejudice to the prosecution. State v. Hutter, 145 Neb. 798, 18 N.W.2d 203 (1945).
2. Basis for discharge
Drunkenness of juror is an accident or calamity requiring discharge of jury. Fetty v. State, 119 Neb. 619, 230 N.W. 440 (1930).
Serious illness of juror's wife and death of his child was sufficient to warrant discharge of jury. Salistean v. State, 115 Neb. 838, 215 N.W. 107 (1927).
Where biased juror is discovered during progress of trial, court may discharge jury. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).
Insanity of juror authorizes discharge, being an "accident or calamity." Davis v. State, 51 Neb. 301, 70 N.W. 984 (1897).
3. Journal entry
Entry of reasons on journal should be ordered; "sickness" must be of a sudden and calamitous nature. Conklin v. State, 25 Neb. 784, 41 N.W. 788 (1889).
Record must show necessity for discharge. State v. Schuchardt, 18 Neb. 454, 25 N.W. 722 (1885).
4. Miscellaneous
Holding accused for trial after discharge of jury because of the jury's inability to agree is not former jeopardy. Sutter v. State, 105 Neb. 144, 179 N.W. 414 (1920).
Court has large discretion as to length of time jury shall be kept together in consultation. Russell v. State, 66 Neb. 497, 92 N.W. 751 (1902).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2024 - Verdict; poll.

29-2024.
Verdict; poll.
When the jury have agreed upon their verdict they must be conducted into court by the officer having them in charge. Before the verdict is accepted the jury may be polled at the request of either the prosecuting attorney or the defendant.
Source
G.S.1873, c. 58, § 486, p. 830;
R.S.1913, § 9127;
C.S.1922, § 10152;
C.S.1929, § 29-2024;
R.S.1943, § 29-2024.
Annotations
1. Reception of verdict
2. Polling of jury
3. Miscellaneous
1. Reception of verdict
Irregularity in receiving verdict in absence of counsel may be waived. Hyslop v. State, 159 Neb. 802, 68 N.W.2d 698 (1955).
Verdict received in vacation time is not a "privy verdict." Manion v. State, 104 Neb. 130, 175 N.W. 1013 (1920).
Reception of verdict in criminal case is governed by this section. Evers v. State, 84 Neb. 708, 121 N.W. 1005 (1909).
Verdict must be given in open court. Longfellow v. State, 10 Neb. 105, 4 N.W. 420 (1880).
Jury may not return instead of verdict a statement that they have agreed to disagree. Green v. State, 10 Neb. 102, 4 N.W. 422 (1880).
Verdict signed by all jurors is good. Clough v. State, 7 Neb. 320 (1878).
Verdict finding defendant guilty, without adding "in manner and form," etc., is good. Preuit v. State, 5 Neb. 377 (1877).
2. Polling of jury
A defendant may waive his right to have the jury polled. When upon inquiry by the court he replies in the negative, the right is waived. State v. Hiatt, 190 Neb. 315, 207 N.W.2d 678 (1973).
Jury need not be polled unless requested by defendant or prosecuting attorney. Feddern v. State, 79 Neb. 651, 113 N.W. 127 (1907).
3. Miscellaneous
Verdict should be certain, not ambiguous; sufficient if in light of record meaning is clear beyond reasonable doubt. Keeler v. State, 73 Neb. 441, 103 N.W. 64 (1905).
Verdict is void which omits name of guilty party. Williams v. State, 6 Neb. 334 (1877).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2025 - Lesser included offense; attempt to commit; form of verdict.

29-2025.
Lesser included offense; attempt to commit; form of verdict.
Upon an indictment for an offense consisting of different degrees the jury may find the defendant not guilty of the degree charged, and guilty of any degree inferior thereto; and upon an indictment for any offense the jury may find the defendant not guilty of the offense but guilty of an attempt to commit the same, where such an attempt is an offense.
Source
G.S.1873, c. 58, § 487, p. 830;
R.S.1913, § 9128;
C.S.1922, § 10153;
C.S.1929, § 29-2025;
R.S.1943, § 29-2025.
Annotations
Where under statute attempt to commit defined offense is punishable, instruction on attempt is not erroneous even though defendant is not formally charged with attempt. State v. Ambrose, 192 Neb. 285, 220 N.W.2d 18 (1974).
The unlawful operation of a motor vehicle is not necessarily an included offense in prosecution for motor vehicle homicide. Olney v. State, 169 Neb. 717, 100 N.W.2d 838 (1960).
Charge of shooting with intent to wound may include lesser offense of assault or assault and battery. Moore v. State, 147 Neb. 390, 23 N.W.2d 552 (1946).
It is not error to fail to submit question of accused's guilt of lesser offense where evidence is not such as to warrant such verdict. Davis v. State, 116 Neb. 90, 215 N.W. 785 (1927).
Jury may find accused not guilty of offense charged but guilty of attempt to commit same where such attempt is an offense. In re Resler, 115 Neb. 335, 212 N.W. 765 (1927).
Provisions of section extend to subsequently created offenses. Mulloy v. State, 58 Neb. 204, 78 N.W. 525 (1890).
Verdict of guilty of manslaughter on charge of murder in first degree is valid, though it fails to specifically negative fact that crime was of higher grade. Williams v. State, 6 Neb. 334 (1877).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2026.01 - Verdict; finding of value of property; when required.

29-2026.01.
Verdict; finding of value of property; when required.
When the indictment charges an offense against the property of another by larceny, embezzlement or obtaining under false pretenses, the jury, on conviction, shall ascertain and declare in its verdict the value of the property stolen, embezzled, or falsely obtained.
Source
Laws 1965, c. 146, § 1, p. 488.
Annotations
In a theft case where a jury trial has been waived, the value of the property is one of the facts and elements of the crime to be determined by the trial judge, and this section is not applicable. State v. Reed, 228 Neb. 645, 423 N.W.2d 777 (1988).
Restitution, in a larceny case, can be ordered only if the jury determines by verdict the value of property stolen. State v. Frandsen, 199 Neb. 546, 260 N.W.2d 206 (1977).
This section not applicable where crime charged is that of receiving stolen property at a value of more than one hundred dollars. State v. McKee, 183 Neb. 754, 163 N.W.2d 434 (1969).
Verdict of jury in larceny case must determine value of property stolen. State v. Houp, 182 Neb. 298, 154 N.W.2d 465 (1967).
Requirement that jury fix the amount obtained by false pretense in its verdict was not in effect at time of commission of offense or at time of trial. State v. Swanson, 179 Neb. 693, 140 N.W.2d 618 (1966).
In a theft case, the trial court erred in limiting the jury's consideration of value and in submitting a form of verdict which precluded a jury from making a specific finding of value and conveying that fact to the judge in its verdict. State v. Long, 2 Neb. App. 847, 516 N.W.2d 273 (1994).
Double jeopardy protection not violated where court at first trial failed to notify jury of need to ascertain value of property stolen and set aside guilty verdict ordering defendant retried although court knew of error while jury was out. Houp v. State, 427 F.2d 254 (8th Cir. 1970).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2028 - Sexual assault; testimony; corroboration not required.

29-2028.
Sexual assault; testimony; corroboration not required.
The testimony of a person who is a victim of a sexual assault as defined in sections 28-319 to 28-320.01 shall not require corroboration.
Source
Laws 1989, LB 443, § 1;
Laws 2006, LB 1199, § 13.
Annotations
The State is not required to corroborate a victim's testimony in cases of first degree sexual assault, even if the testimony is inconsistent with prior statements; if believed by the finder of fact, the victim's testimony alone is sufficient. State v. Anders, 311 Neb. 958, 977 N.W.2d 234 (2022).
Testimony concerning corroboration in sexual offense cases is not rendered inadmissible under this section, but is no longer required. State v. Williamson, 235 Neb. 960, 458 N.W.2d 236 (1990).
An appellate court concluded that uncorroborated testimony would be sufficient to convict a defendant of sexual assault as defined in sections 28-319 to 28-320.01 in any case wherein the fact finder determined that such testimony was sufficient evidence of guilt beyond a reasonable doubt. State v. Luff, 18 Neb. App. 422, 783 N.W.2d 625 (2010).
A jury instruction was found to be a correct statement of the law under this section. The instructions, when taken together, advised the jury that while corroboration of the victim's testimony was not required, corroboration, or the lack thereof, could be considered by the jury in determining the weight to be given to the testimony, although the concurring opinion cautioned against routinely giving instruction at issue in this case. State v. Schmidt, 16 Neb. App. 741, 750 N.W.2d 390 (2008).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2102 - New trial; affidavits; when required; motion; hearing.

29-2102.
New trial; affidavits; when required; motion; hearing.
(1) The grounds set forth in subdivisions (2), (3), and (6) of section 29-2101 shall be supported by affidavits showing the truth of such grounds, and the grounds may be controverted by affidavits. The ground set forth in subdivision (5) of section 29-2101 shall be supported by evidence of the truth of the ground in the form of affidavits, depositions, or oral testimony.
(2) If the motion for new trial and supporting documents fail to set forth sufficient facts, the court may, on its own motion, dismiss the motion without a hearing. If the motion for new trial and supporting documents set forth facts which, if true, would materially affect the substantial rights of the defendant, the court shall cause notice of the motion to be served on the prosecuting attorney, grant a hearing on the motion, and determine the issues and make findings of fact and conclusions of law with respect thereto.
(3) In considering a motion for new trial based on the grounds set forth in subdivision (5) of section 29-2101, if the court finds that there is evidence materially affecting the substantial rights of the defendant which he or she could not with reasonable diligence have discovered and produced at trial, the court may, upon the motion of any party and following a hearing, vacate and set aside the judgment and release the person from custody or grant a new trial as appropriate.
Source
G.S.1873, c. 58, § 492, p. 831;
R.S.1913, § 9132;
C.S.1922, § 10157;
C.S.1929, § 29-2102;
R.S.1943, § 29-2102;
Laws 2001, LB 659, § 12;
Laws 2015, LB245, § 1.
Annotations
The constitutional right to trial by a fair and impartial jury that is affected by a stranger's presence in the jury room is a substantial right, so when an alternate juror is mistakenly allowed in the jury room during deliberations, without any safeguards in place under section 29-2004, a court has a mandatory duty to conduct an evidentiary hearing to determine the extent and nature of any communications by the alternate or whether the alternate's presence or communications materially influenced the jury. State v. Madren, 308 Neb. 443, 954 N.W.2d 881 (2021).
A de novo standard of review applies when an appellate court is reviewing a trial court's dismissal of a motion for new trial under this section without conducting an evidentiary hearing. State v. Cross, 297 Neb. 154, 900 N.W.2d 1 (2017).
Misconduct of county attorney may be sustained by affidavits. Mulder v. State, 152 Neb. 795, 42 N.W.2d 858 (1950).
This section does not apply to newly discovered evidence discovered after adjournment of term. Carlsen v. State, 129 Neb. 84, 261 N.W. 339 (1935).
Facts may be such as to require entire record to be limited to affidavits. Scott v. State, 121 Neb. 232, 236 N.W. 608 (1931).
Affidavits must be preserved in form of bill of exceptions to be available to complaining party on appeal. Wright v. State, 45 Neb. 44, 63 N.W. 147 (1895).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2104 - Arrest of judgment; grounds.

29-2104.
Arrest of judgment; grounds.
A motion in arrest of judgment may be granted by the court for either of the following causes: (1) That the grand jury which found the indictment had no legal authority to inquire into the offense charged, by reason of it not being within the jurisdiction of the court; or (2) that the facts stated in the indictment do not constitute an offense.
Source
G.S.1873, c. 58, § 493, p. 831;
R.S.1913, § 9134;
C.S.1922, § 10159;
C.S.1929, § 29-2104;
R.S.1943, § 29-2104.
Annotations
Challenge to certainty and particularity of information which states an offense in the words of the statute may be made by a motion to quash, but not by a motion in arrest of judgment. State v. Abraham, 189 Neb. 728, 205 N.W.2d 342 (1973).
A defendant who pleads not guilty without having raised the question of the lack of or a defective verification waives the defect. State v. Gilman, 181 Neb. 390, 148 N.W.2d 847 (1967).
Striking motion in arrest of judgment from files instead of overruling it was not prejudicial error. Kopp v. State, 124 Neb. 363, 246 N.W. 718 (1933).
Motion in arrest of judgment should be sustained when information is insufficient to charge offense under statute. Korab v. State, 93 Neb. 66, 139 N.W. 717 (1913).
Selection of jury from old list prepared during preceding year was not a ground for motion in arrest of judgment, where plea in abatement was filed raising question but ruling thereon was not obtained. Goldsberry v. State, 92 Neb. 211, 137 N.W. 1116 (1912).
Sufficiency of information which charges no offense may be challenged, though plea of guilty was entered. Smith v. State, 68 Neb. 204, 94 N.W. 106 (1903).
Motion applies only to jurisdiction of court and sufficiency of indictment. Dodge v. People, 4 Neb. 220 (1876).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2105 - Arrest of judgment; defect of form insufficient.

29-2105.
Arrest of judgment; defect of form insufficient.
No judgment can be arrested for a defect of form.
Source
G.S.1873, c. 58, § 494, p. 832;
R.S.1913, § 9135;
C.S.1922, § 10160;
C.S.1929, § 29-2105;
R.S.1943, § 29-2105.
Annotations
A defendant who pleads not guilty without having raised the question of the lack of or a defective verification waives the defect. State v. Gilman, 181 Neb. 390, 148 N.W.2d 847 (1967).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2106 - Arrest of judgment; effect.

29-2106.
Arrest of judgment; effect.
The effect of allowing a motion in arrest of judgment shall be to place the defendant in the same position with respect to the prosecution as before the indictment was found. If, from the evidence on the trial, there shall be sufficient reason to believe him guilty of an offense, the court shall order him to enter into a recognizance with sufficient security, conditioned for his appearance at the first day of the next term of the same court; otherwise the defendant shall be discharged.
Source
G.S.1873, c. 58, § 494, p. 832;
R.S.1913, § 9135;
C.S.1922, § 10160;
C.S.1929, § 29-2105;
R.S.1943, § 29-2106.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2204.03 - Study of offender; commitment to Department of Correctional Services; written report; costs.

29-2204.03.
Study of offender; commitment to Department of Correctional Services; written report; costs.
(1) When the court is of the opinion that imprisonment may be appropriate but desires more detailed information as a basis for determining the sentence to be imposed than has been provided by the presentence report required by section 29-2261, the court shall commit an offender to the Department of Correctional Services for a period not exceeding ninety days. The department shall conduct a complete study of the offender during that time, inquiring into such matters as his or her previous delinquency or criminal experience, social background, capabilities, and mental, emotional, and physical health and the rehabilitative resources or programs which may be available to suit his or her needs.
(2) By the expiration of the period of commitment or by the expiration of such additional time as the court shall grant, not exceeding a further period of ninety days, the offender shall be returned to the court for sentencing and the court shall be provided with a written report of the results of the study, including whatever recommendations the department believes will be helpful to a proper resolution of the case. After receiving the report and the recommendations, the court shall proceed to sentence the offender in accordance with section 29-2204 or 29-2204.02. The term of the sentence shall run from the date of original commitment under this section.
(3) In order to encourage the use of this procedure in appropriate cases, all costs incurred during the period the defendant is held in a state institution under this section shall be a responsibility of the state and the county shall be liable only for the cost of delivering the defendant to the institution and the cost of returning him or her to the appropriate court for sentencing or such other disposition as the court may then deem appropriate.
Source
Laws 2015, LB605, § 62.
Annotations
Both this section and section 29-2261 give the court the discretion to order further evaluations of the defendant prior to sentencing when it deems such evaluations necessary for determining the sentence to be imposed; neither statute provides that a defendant can or should request the evaluations. Trial counsel cannot be deficient for failing to request evaluations that the court itself could have ordered, but in its discretion deemed unnecessary. State v. St. Cyr, 26 Neb. App. 61, 916 N.W.2d 753 (2018).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2206.01 - Fine and costs; payment of installments; violation; penalty; hearing.

29-2206.01.
Fine and costs; payment of installments; violation; penalty; hearing.
Installments provided for in section 29-2206 shall be paid pursuant to the order entered by the court or magistrate. Any person who fails to comply with the terms of such order shall be liable for punishment for contempt, unless such person has the leave of the court or magistrate in regard to such noncompliance or such person requests a hearing pursuant to section 29-2412 and establishes at such hearing that he or she is financially unable to pay.
Source
Laws 1971, LB 1010, § 3;
Laws 2017, LB259, § 6.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2207 - Judgment for costs upon conviction; requirement.

29-2207.
Judgment for costs upon conviction; requirement.
In every case of conviction of any person for any felony or misdemeanor, it shall be the duty of the court or magistrate to render judgment for the costs of prosecution against the person convicted and remit the assessment as provided in section 33-157.
Source
G.S.1873, c. 58, § 501, p. 833;
R.S.1913, § 9143;
C.S.1922, § 10168;
C.S.1929, § 29-2208;
R.S.1943, § 29-2207;
Laws 2010, LB510, § 2.
Annotations
A person who is reconvicted after his or her original conviction was reversed on appeal cannot be assessed the costs of the original conviction because the original conviction was nullified and the slate was wiped clean. State v. Kula, 262 Neb. 787, 635 N.W.2d 252 (2001).
The independent act considered herein is not unconstitutional for failure to mention in the incidental provision for payment or exemption from payment of costs, nor for failing to refer to and repeal certain other statutes. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).
Defendant is liable for only such costs made by state as there was actual, apparent or probable necessity for incurring, and is limited to costs incurred in establishing his guilt. Biester v. State, 65 Neb. 276, 91 N.W. 416 (1902).
It is the duty of court, upon conviction, to render judgment for costs of prosecution; may sentence defendant to imprisonment in county jail until costs are paid or security for payment is given. In re Newton, 39 Neb. 757, 58 N.W. 436 (1894); In re Dobson, 37 Neb. 449, 55 N.W. 1071 (1893).
Costs in criminal proceedings are the charges fixed by statute necessarily incurred in the prosecution of one charged with a public offense as compensation to the officers for their services. State v. Smith, 13 Neb. App. 477, 695 N.W.2d 440 (2005).
Expenses of extradition, in the amount fixed by section 29-752, are taxable costs. State v. Smith, 13 Neb. App. 477, 695 N.W.2d 440 (2005).
In determining what costs are actually, apparently, or probably necessary, the trial court is given discretion in determining those costs, and such determination will be reversed or modified only for an abuse of discretion. State v. Smith, 13 Neb. App. 477, 695 N.W.2d 440 (2005).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2208 - Fines or costs; person financially unable to pay; hearing; determination; court or magistrate; powers; order; operate as release.

29-2208.
Fines or costs; person financially unable to pay; hearing; determination; court or magistrate; powers; order; operate as release.
(1) A person who has been ordered to pay fines or costs and who has not been arrested or brought into custody as described in subdivision (1)(a) of section 29-2412 but who believes himself or herself to be financially unable to pay such fines or costs may request a hearing to determine such person's financial ability to pay such fines or costs. The hearing shall be scheduled on the first regularly scheduled court date following the date of the request. Pending the hearing, the person shall not be arrested or brought into custody for failure to pay such fines or costs or failure to appear before a court or magistrate on the due date of such fines or costs.
(2) At the hearing, the person shall have the opportunity to present information as to his or her income, assets, debts, or other matters affecting his or her financial ability to pay. Following the hearing, the court or magistrate shall determine the person's financial ability to pay the fines or costs, including his or her financial ability to pay in installments as described in section 29-2206.
(3) If the court or magistrate determines that the person is financially able to pay the fines or costs and the person refuses to pay, the court or magistrate may:
(a) Deny the person's request for relief; or
(b) Enter an order pursuant to subsection (5) of this section discharging the person of such fines or costs and order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279.
(4) If the court or magistrate determines that the person is financially unable to pay the fines or costs, the court or magistrate:
(a) Shall either:
(i) Enter an order pursuant to subsection (5) of this section discharging the person of such fines or costs; or
(ii) If the person is subject to an order to pay installments pursuant to section 29-2206, the court or magistrate shall either enter an order pursuant to subsection (5) of this section discharging the person of such obligation or make any necessary modifications to the order specifying the terms of the installment payments as justice may require and that will enable the person to pay the fines or costs; and
(b) May order the person to complete community service for a specified number of hours pursuant to sections 29-2277 to 29-2279.
(5) An order discharging the person of fines or costs shall be set forth in or accompanied by a judgment entry. Such order shall operate as a complete release of such fines or costs.
Source
Laws 2017, LB259, § 12.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2244 - Assistant probation officers; pilot program; purpose; report.

29-2244.
Assistant probation officers; pilot program; purpose; report.
(1) The probation administrator shall create a pilot program to hire additional assistant probation officers as provided in this section.
(2) The pilot program shall be limited to a single probation district.
(3) Assistant probation officers hired under this section shall assist probation officers in the supervision of high-risk caseloads.
(4) The purpose of the pilot program is to determine whether additional support for probation officers results in probationers completing their terms of probation with fewer violations.
(5) On or before June 1, 2024, the probation administrator shall electronically submit a report to the Judiciary Committee of the Legislature regarding the pilot program. The report shall include the total number of persons admitted into the pilot program, including demographic information, criminal history, and top needs according to the results of a risk assessment; conditions of supervision; the total number of violations of supervision conditions; the number of supervision discharges by type of discharge; and recidivism rates.
Source
Laws 2023, LB50, § 13.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2245 - Probationer incentive program; pilot program; report.

29-2245.
Probationer incentive program; pilot program; report.
(1) The probation administrator shall create a pilot program to establish a probationer incentive program as provided in this section.
(2) The pilot program shall be limited to a single probation district. Such district shall be chosen by the State Court Administrator.
(3) The pilot program shall establish an incentive fund to be used for the purchase of gift cards, vouchers, and other tangible rewards for probationers who are succeeding at probation, in order to encourage continued success and reduce recidivism. The incentives shall be awarded at the discretion of probation officers, subject to policies and guidelines of the office.
(4) On or before June 1, 2024, the probation administrator shall electronically submit a report to the Judiciary Committee of the Legislature regarding the pilot program.
Source
Laws 2023, LB50, § 14.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2246 - Terms, defined.

29-2246.
Terms, defined.
For purposes of the Nebraska Probation Administration Act and sections 43-2,123.01 and 83-1,102 to 83-1,104, unless the context otherwise requires:
(1) Association means the Nebraska District Court Judges Association;
(2) Court means a district court, county court, or juvenile court as defined in section 43-245;
(3) Office means the Office of Probation Administration;
(4) Probation means a sentence under which a person found guilty of a crime upon verdict or plea or adjudicated delinquent or in need of special supervision is released by a court subject to conditions imposed by the court and subject to supervision. Probation includes post-release supervision and supervision ordered by a court pursuant to a deferred judgment under section 29-2292;
(5) Probationer means a person sentenced to probation or post-release supervision;
(6) Probation officer means an employee of the system who supervises probationers and conducts presentence, predisposition, or other investigations as may be required by law or directed by a court in which he or she is serving or performs such other duties as authorized pursuant to section 29-2258, except unpaid volunteers from the community;
(7) Juvenile probation officer means any probation officer who supervises probationers of a separate juvenile court;
(8) Juvenile intake probation officer means an employee of the system who is called upon by a law enforcement officer in accordance with section 43-250 to make a decision regarding the furtherance of a juvenile's detention;
(9) Chief probation officer means the probation officer in charge of a probation district;
(10) System means the Nebraska Probation System;
(11) Administrator means the probation administrator;
(12) Non-probation-based program or service means a program or service established within the district, county, or juvenile courts and provided to individuals not sentenced to probation who have been charged with or convicted of a crime for the purpose of diverting the individual from incarceration or to provide treatment for issues related to the individual's criminogenic needs. Non-probation-based programs or services include, but are not limited to, problem solving courts established pursuant to section 24-1302 and the treatment of problems relating to substance abuse, mental health, sex offenses, or domestic violence;
(13) Post-release supervision means the portion of a split sentence following a period of incarceration under which a person found guilty of a crime upon verdict or plea is released by a court subject to conditions imposed by the court and subject to supervision by the office; and
(14) Rules and regulations means policies and procedures written by the office and approved by the Supreme Court.
Source
Laws 1971, LB 680, § 1;
Laws 1972, LB 1051, § 1;
Laws 1984, LB 13, § 61;
Laws 1986, LB 529, § 32;
Laws 2001, LB 451, § 1;
Laws 2005, LB 538, § 5;
Laws 2008, LB1014, § 18;
Laws 2015, LB605, § 63;
Laws 2016, LB919, § 3;
Laws 2019, LB686, § 7.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2247 - Nebraska District Court Judges Association; created; duties.

29-2247.
Nebraska District Court Judges Association; created; duties.
The Nebraska District Court Judges Association is hereby created which shall consist of all the active judges of the district courts of this state and their successors in office. The association shall:
(1) Meet at least once during each calendar year;
(2) Select from its membership officers thereof; and
(3) Adopt such bylaws and rules as may be necessary or proper for the conduct of its meetings, the exercise of its powers, and the performance of its duties and delegate to one or more of its members such powers as the association deems necessary to carry out its responsibilities.
Source
Laws 1971, LB 680, § 2.