2006 Nebraska Revised Statutes - § 29-502 — Examination; adjournment; recognizance; continuance; restrictions.

Section 29-502
Examination; adjournment; recognizance; continuance; restrictions.

When it shall become necessary to adjourn any trial according to the provisions of section 29-501, the person accused may enter into a recognizance before the magistrate, with good and sufficient security to be approved by the magistrate, in such amount as he shall deem reasonable, conditioned for the appearance of such person before such magistrate, at a place and day and hour in the recognizance specified; PROVIDED, such adjournment shall not be for a longer time than twenty days without the consent of the accused; AND PROVIDED, no person shall be let to bail who is charged with an offense not bailable under the Constitution of this state.

Source:

G.S.1873, c. 58, § 298, p. 792

R.S.1913, § 8953

C.S.1922, § 9977

C.S.1929, § 29-502

Annotations:

Adjournment for more than twenty days is not in violation of this section when it is with the consent of defendant's attorney. State v. Lewis, 177 Neb. 173, 128 N.W.2d 610 (1964).

Justice of peace has no authority to accept money in lieu of bail required by section. Snyder v. Gross, 69 Neb. 340, 95 N.W. 636 (1903).

If bail is taken without authority of law, it is void; it is also void as common law obligation. Dickenson v. State, 20 Neb. 72, 29 N.W. 184 (1886).

Recognizance is an obligation of record when filed in court to which it is returnable; entry on justice docket is not required. King v. State, 18 Neb. 375, 25 N.W. 519 (1885).

Recognizance should not be signed; if properly taken and certified, signatures are surplusage. Irwin v. State, 10 Neb. 325, 6 N.W. 370 (1880).

~Reissue Revised Statutes of Nebraska