Nebraska Revised Statute 29-1815

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Chapter 29

29-1815.

Plea after overruling of demurrer to indictment.

After a demurrer to an indictment has been overruled, the accused may plead not guilty, or in bar.

Source

  • G.S.1873, c. 58, § 447, p. 822;
  • R.S.1913, § 9091;
  • C.S.1922, § 10116;
  • C.S.1929, § 29-1814;
  • R.S.1943, § 29-1815.

Cross References

  • Plea of nolo contendere, see section 29-1819 et seq.

Annotations

  • When accused appears and goes to trial, arraignment is waived. Maher v. State, 144 Neb. 463, 13 N.W.2d 641 (1944).

  • Demurrer or plea of guilty waives all defects which might be objected to only by motion to quash or plea in abatement. Goddard v. State, 73 Neb. 739, 103 N.W. 443 (1905).

  • Trial for misdemeanor, without plea of defendant, is not ground for reversal. Allyn v. State, 21 Neb. 593, 33 N.W. 212 (1887).

  • Plea of not guilty precludes raising question of former conviction. Marshall v. State, 6 Neb. 120 (1877).

  • Defendant should plead to charge before he is placed on trial. Burley v. State, 1 Neb. 385 (1871).