No indictment shall be deemed invalid, nor shall the trial, judgment or other proceedings be stayed, arrested or in any manner affected (1) by the omission of the words with force and arms, or any words of similar import; (2) by omitting to charge any offense to have been contrary to a statute or statutes; or (3) for the omission of the words as appears by the record nor for omitting to state the time at which the offense was committed in any case where time is not of the essence of the offense; nor for stating the time imperfectly; nor for want of a statement of the value or price of any matter or thing, or the amount of damages, or injury in any case where the value or price, or the amount of damages or injury is not of the essence of the offense; nor for the want of an allegation of the time or place of any material fact, when the time and place have once been stated in the indictment; nor that dates and numbers are represented by figures; nor for an omission to allege that the grand jurors were impaneled, sworn or charged; nor for any surplusage or repugnant allegation when there is sufficient matter alleged to indicate the crime or person charged; nor for want of the averment of any matter not necessary to be proved; nor for any other defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits.
Notes of Decisions
Cited in
19
cases (
3 in the last 5 years), 1936–2024 · leading case:
State v. Schaaf, 449 N.W.2d 762 (Neb. 1989).
State v. Schaaf, 449 N.W.2d 762 (Neb. 1989).
· cites it 4× “The State does not dispute Schaaf's characterization of the alleged theft by unlawful disposition of property in violation of § 28-511(2), which provides: "A person is guilty of theft if he or she transfers immovable property of another or any interest therein with the intent to…”
State v. Oliver, 434 N.W.2d 293 (Neb. 1989).
· cites it 4× “with the provision of section 29-1501 ...: `No indictment shall be deemed invalid, nor shall the trial, judgment or other proceedings be stayed, arrested or in any manner affected .”
State v. Wheeler, 989 N.W.2d 728 (Neb. 2023).
· cites it 2× “29 Neb. Rev. Stat. § 29-1501 (Reissue 2016).”
State v. Samayoa, 292 Neb. 334 (Neb. 2015).
· cites it 2× “Neb. Rev. Stat. § 29-1501 (Reissue 2008) provides in relevant part: No indictment shall be deemed invalid, nor shall the trial, judgment or other proceedings be stayed, arrested or in any manner affected .”
State v. Wehrle, 395 N.W.2d 142 (Neb. 1986).
· cites it 4× “Of no small moment is Neb. Rev. Stat. § 29-1501 (Reissue 1985), which provides: No indictment shall be deemed invalid .”
State v. Hofmann, 967 N.W.2d 435 (Neb. 2021).
· cites it 2× “” Neb. Rev. Stat. § 29-1501 (Reissue 2016) states various potential omissions from indictments that shall not render them invalid.”
State v. Reuter, 343 N.W.2d 907 (Neb. 1984).
· cites it 2× “The office of an information is to inform the accused, with reasonable certainty, of the charge being made against him in order that he may prepare his defense thereto and be able to plead the judgment rendered thereon as a bar to a later prosecution for the same crime.”
State v. Harig, 218 N.W.2d 884 (Neb. 1974).
· cites it 2× “, *56 1972, with the provision of section 29-1501, R. R. S. 1943, which provides as follows: “No indictment shall be deemed invalid, nor shall the trial, judgment or other proceedings be stayed, arrested or in any manner affected .”
State v. Jameson, 395 N.W.2d 744 (Neb. 1986).
· cites it 2× “with the provision of section 29-1501...: “No indictment shall be deemed invalid, nor shall the trial, judgment or other proceedings be stayed, arrested or in any manner affected .”
Sedlacek v. State, 25 N.W.2d 533 (Neb. 1946).
“” § 29-1501, R. S. 1943. The information here contains every element of the crime as defined by the statute.”
State v. Gascoigen, 213 N.W.2d 452 (Neb. 1973).
· cites it 2× “Section 29-1501, R. R. S. 1943, provides in part: “No indictment shall be deemed invalid, nor shall the trial, judgment or other proceedings be stayed, arrested or in any manner affécted” by numerous specified omissions or allegations, and- concludes with the language “nor for…”
Frank v. State, 35 N.W.2d 816 (Neb. 1949).
“” See, also, sections 29-1501 and 29-1604, R. S. 1943.”
— Neb. Rev. Stat. § 29-1501(3) — 1 case
State v. Wehrle, 395 N.W.2d 142 (Neb. 1986).
“Of no small moment is Neb. Rev. Stat. § 29-1501 (Reissue 1985), which provides: No indictment shall be deemed invalid .”
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