As used in sections 28-601 to 28-605, unless the context otherwise requires:
(1) Written instrument shall mean any paper, document, or other instrument containing written or printed matter used for purposes of reciting, embodying, conveying, or recording information, and any money, credit card, token, stamp, seal, badge, trademark, or any evidence or symbol of value, right, privilege, or identification which is capable of being used to the advantage or disadvantage of some person;
(2) Complete written instrument shall mean a written instrument which purports to be genuine and fully drawn with respect to every essential feature thereof;
(3) Incomplete written instrument shall mean one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;
(4) To falsely make a written instrument shall mean to make or draw a written instrument, whether complete or incomplete, which purports to be an authentic creation of its ostensible maker, but which is not, either because the ostensible maker is fictitious or because, if real, he did not authorize the making or the drawing thereof;
(5) To falsely complete a written instrument shall mean to transform an incomplete written instrument into a complete one by adding, inserting, or changing matter without the authority of anyone entitled to grant such authority, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker;
(6) To falsely alter a written instrument shall mean to change a written instrument without the authority of anyone entitled to grant such authority, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or by any other means, so that such instrument in its thus altered form falsely appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker;
(7) Forged instrument shall mean a written instrument which has been falsely made, completed, endorsed or altered. The terms forgery and counterfeit and their variants are intended to be synonymous in legal effect as used in this article;
(8) Possess shall mean to receive, conceal, or otherwise exercise control over; and
(9) Utter shall mean to issue, authenticate, transfer, sell, transmit, present, use, pass, or deliver, or to attempt or cause such uttering.
Notes of Decisions
Cited in
32
cases (
1 in the last 5 years), 1932–2023 · leading case:
Rummel v. Estelle, 445 U.S. 263 (1980).
Rummel v. Estelle, 445 U.S. 263 (1980).
· cites it 2× “§§ 94-2001, 94-2044 (1947) (1 to 14 years); Neb. Rev. Stat. § 28-601 (1943) (1 to 20 years plus fine); Nev.”
State v. Mills, 258 N.W.2d 628 (Neb. 1977).
· cites it 5× “In an amended information filed in the District Court for Sheridan County, George Mills, the defendant and appellant herein, was charged with uttering a forged bank check under section 28-601, R. R. S. 1943; and with being a habitual criminal under section 29-2221, R.”
DeBacker v. Brainard, 396 U.S. 28 (1969).
· cites it 4× “Appellant was charged with having a forged check in his possession with the intent to utter it as genuine, an act which for an adult would be forgery under Neb. Rev. Stat. § 28-601 (2). [2] Appellant was 17 when committed, and it appears that under Nebraska law he could be kept…”
State v. Ward, 510 N.W.2d 320 (Neb. Ct. App. 1993).
· cites it 3× “Neb. Rev. Stat. § 28-601 (9) (Reissue 1989) defines “utter” as “to issue, authenticate, transfer, sell, transmit, present, use, pass, or deliver, or to attempt or cause such uttering.”
State v. Metzger, 256 N.W.2d 691 (Neb. 1977).
· cites it 2× “Defendant was charged with forgery in violation of section 28-601, R. R. S. 1943. The State was required to prove that the defendant falsely made, altered, counterfeited, printed, or photographed a check with intent to defraud.”
Eutzy v. State, 258 N.W.2d 829 (Neb. 1977).
· cites it 4× “The sentence which was imposed here was much less than the statutory maximum of 20 years imprisonment authorized by section 28-601, R.R.S.1943. Since the 135 days that Eutzy spent in confinement between the time of his arrest and the time that he was sentenced was considered by…”
State v. Gaston, 214 N.W.2d 376 (Neb. 1974).
· cites it 4× “The first sentence is valid (section 28-601, R.S.Supp., 1972), and in my judgment the second one is void.”
Carlsen v. State, 254 N.W. 744 (Neb. 1934).
· cites it 4× “Section 28-601, Comp. St. 1929, defining forgery and providing a penalty therefor, does not specifically mention interest coupons.”
DeBacker v. Brainard, 161 N.W.2d 508 (Neb. 1968).
· cites it 2× “The facts alleged in the petition constituted the crime of forgery under section 28-601(2), R. R. S. 1943, if he had been charged under the general criminal laws.”
State v. Von Dorn, 449 N.W.2d 530 (Neb. 1989).
· cites it 2× “The sentence which was imposed here was much less than the statutory maximum of 20 years imprisonment authorized by section 28-601, R.R.S. 1943. Since the 135 days that Eutzy spent in confinement between the time of his arrest and the time that he was sentenced was considered by…”
State v. Laflin, 272 N.W.2d 376 (Neb. 1978).
“An independent inspection of the handwriting on the exhibits undoubtedly convinced the jurors that Harold Moon was correct in forming that opinion. In order to prove the offense with which defendant *826 was charged, the State was required to show beyond a reasonable doubt that…”
Nelson v. State, 94 N.W.2d 1 (Neb. 1959).
· cites it 2× “This appeal presents the questions of the legal sufficiency of an information purporting to charge the uttering of a forged instrument under the provisions of section 28-601, R. R. S. 1943, and whether that question may be raised in this court for the first time on appeal.”
— Neb. Rev. Stat. § 28-601(2) — 3 cases
DeBacker v. Brainard, 161 N.W.2d 508 (Neb. 1968).
“The facts alleged in the petition constituted the crime of forgery under section 28-601(2), R. R. S. 1943, if he had been charged under the general criminal laws.”
— Neb. Rev. Stat. § 28-601(3) — 1 case
— Neb. Rev. Stat. § 28-601(5) — 1 case
— Neb. Rev. Stat. § 28-601(7) — 2 cases
— Neb. Rev. Stat. § 28-601(9) — 3 cases
State v. Ward, 510 N.W.2d 320 (Neb. Ct. App. 1993).
“Neb. Rev. Stat. § 28-601 (9) (Reissue 1989) defines “utter” as “to issue, authenticate, transfer, sell, transmit, present, use, pass, or deliver, or to attempt or cause such uttering.”
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