Nebraska State Constitution Article I-10
I-10.
Presentment or indictment by grand jury; information.
No person shall be held to answer for a criminal offense, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in case of impeachment, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, unless on a presentment or indictment of a grand jury; Provided, That the Legislature may by law provide for holding persons to answer for criminal offenses on information of a public prosecutor; and may by law, abolish, limit, change, amend, or otherwise regulate the grand jury system.
Source
- Neb. Const. art. I, sec. 10 (1875).
Annotations
1. Not violation of section
2. Miscellaneous
1. Not violation of section
Legislative act providing for filiation proceedings is not violative of this section. In re Application of Rozgall, 147 Neb. 260, 23 N.W.2d 85 (1946).
Trial under information by county attorney does not deprive of due process and is in accord with this section. Bolln v. State, 51 Neb. 581, 71 N.W. 444 (1897).
2. Miscellaneous
Prosecutions for misdemeanors are exempt from requirement of being brought only on indictment or information. Otte v. State, 172 Neb. 110, 108 N.W.2d 737 (1961).
Permitting prosecutions for felony by information does not conflict with Fourteenth Amendment to Constitution of the United States. Jackson v. Olson, 146 Neb. 885, 22 N.W.2d 124 (1946).
Legislature may provide for prosecution on information instead of indictment. Duggan v. Olson, 146 Neb. 248, 19 N.W.2d 353 (1945).
Where information charging grand larceny was signed by acting county attorney and not county attorney, the error, unless objected to before a plea to the merits, is waived. State ex rel. Gossett v. O'Grady, 137 Neb. 824, 291 N.W. 497 (1940).
Assistant attorney general is not authorized to make and sign an information in his own name, and one so signed is a nullity. Lower v. State, 106 Neb. 666, 184 N.W. 174 (1921).
Legislature is not limited to exclusive choice between indictment or information as form of prosecution but may provide for both. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901).
The proceeding by quo warranto is a civil remedy; it is the means employed by the state to cancel and recall a privilege which the corporation proceeded against has abused. State v. Standard Oil Co., 61 Neb. 28, 84 N.W. 413 (1900).
The filing of information by county attorney is the commencement of the criminal prosecution; filing of complaint before magistrate, in felony or other case which he has no jurisdiction to try, does not arrest running of statute of limitations and is not the beginning of the prosecution by the state. State v. Robertson, 55 Neb. 41, 75 N.W. 37 (1898).
Person appointed by court to act in county attorney's absence is authorized to sign information. Korth v. State, 46 Neb. 631, 65 N.W. 792 (1896).