2015 Nebraska Revised Statutes
Chapter 29 - CRIMINAL PROCEDURE
29-2020 See note regarding referendum petition following the source at the end of the section. Bill of exceptions by defendant; request; procedure.

29-2020. See note regarding referendum petition following the source at the end of the section. Bill of exceptions by defendant; request; procedure.

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.
• Effective Date: August 30, 2015
• Note: Section 29-2020 was amended by Laws 2015, LB 268, section 17. According to Article III, section 3, of the Constitution of Nebraska, the provisions of LB 268 have been suspended due to the certification by the Secretary of State of sufficient signatures on referendum petitions to suspend the taking effect of such act until the same has been approved by the electors of the state. The question will be submitted to the voters at the November 2016 general election. The prior version of section 29-2020 is found in the 2008 Reissue of Volume 2A of the Revised Statutes of Nebraska.

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).