Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-403 (2026)

Administering secret medicine; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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If any physician or other person shall prescribe any drug or medicine to another person, the true nature and composition of which he does not, if inquired of, truly make known, but avow the same to be a secret medicine or composition, thereby endangering the life of such other person, he shall be guilty of a Class III misdemeanor.

Notes of Decisions
Cited in 38 cases, 1933–2017 · leading case: State v. Brouillette, 655 N.W.2d 876 (Neb. 2003).
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State v. Brouillette, 655 N.W.2d 876 (Neb. 2003). · cites it 4× “§ 28-403 (Reissue 1975), which defined "manslaughter" as killing another unintentionally "while the slayer is in the commission of some unlawful act," whereas the current *885 manslaughter statute, § 28-305, defines "manslaughter" as killing another unintentionally "while in the…”
State v. Ryan, 543 N.W.2d 128 (Neb. 1996). · cites it 4× “Compare Neb. Rev.Stat. § 28-403 (Reissue 1975) with Neb.”
State v. Pettit, 445 N.W.2d 890 (Neb. 1989). · cites it 2× “§ 28-403 (1929): "Whoever shall unlawfully kill another without malice, either upon a sudden quarrel, or unintentionally, while the slayer is in the commission of some unlawful act, shall be deemed guilty of manslaughter.”
Vaca v. State, 34 N.W.2d 873 (Neb. 1948). · cites it 4× “Section 28-403, R. S. 1943, insofar as applicable here, provides: “Whoever shall unlawfully kill another without malice, * * * unintentionally, while the slayer is in the commission of some unlawful act, shall be deemed guilty of manslaughter; and upon conviction thereof shall…”
State v. Watson, 891 N.W.2d 322 (Neb. 2017). · cites it 2× “20 Neb. Rev. Stat. § 28-403 (Reissue 1975). 21 Neb.”
State v. Payne, 289 N.W.2d 173 (Neb. 1980). · cites it 2× “" § 28-403, R.R.S. 1943. It is clear that under the foregoing statutes, a person commits murder in the first degree if he kills another person purposely and with deliberate and premeditated malice (ignoring for the moment certain felony homicides provided for in the statute).”
Delay v. Brainard, 156 N.W.2d 14 (Neb. 1968). · cites it 4× “Section 28-403, R.R. S.1943, provides: "Whoever shall unlawfully kill another without malice, either upon a sudden quarrel, or unintentionally, while the slayer is in the commission of some unlawful act, shall be deemed guilty of manslaughter; and upon conviction thereof shall…”
State v. Stewart, 250 N.W.2d 849 (Neb. 1977). “The crime of mansalughter is defined as follows: “Whoever shall unlawfully kill another without malice, either upon a sudden quarrel, or unintentionally, while the slayer is in the commission of some unlawful act, shall be deemed guilty of manslaughter; * * *” § 28-403, R.”
Marteney v. State, 313 N.W.2d 449 (Neb. 1981). · cites it 2× “The petitioner argues in his brief on appeal that the sentence was excessive because the evidence against him was only sufficient to establish his guilt as to the crime of manslaughter, Neb. Rev. Stat. § 28-403 (Reissue 1975), but not as to a violation of Neb.”
Redding v. State, 85 N.W.2d 647 (Neb. 1957). · cites it 8× “Defendant was charged with manslaughter under the provisions of section 28-403, R. R. S. 1943. The jury returned a verdict of guilty and defendant was sentenced to serve 2 years in the Nebraska State Reformatory for Men.”
State v. Bautista, 227 N.W.2d 835 (Neb. 1975). · cites it 2× “The transcript shows the trial court did instruct the jury as to the essential elements of manslaughter, and that the instruction tracked the words of the statute defining manslaughter, section 28-403, R. R. S. 1943. There was no error in refusing to instruct the jury further…”
Jeppesen v. State, 49 N.W.2d 611 (Neb. 1951). · cites it 2× “Thereafter the defendant was charged in two separate informations identical in form with the exception of the name of the person killed, under section 28-403, R. R. S. 1943, referred to as the manslaughter statute, which reads as follows: “Whoever shall unlawfully kill another…”
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