Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-1809 (2026)

Plea in abatement; when made

✓ current as of July 2026
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A plea in abatement may be made when there is a defect in the record which is shown by facts extrinsic thereto.

Notes of Decisions
Cited in 11 cases, 1959–2019 · leading case: State v. Chauncey, 890 N.W.2d 453 (Neb. 2017).
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State v. Chauncey, 890 N.W.2d 453 (Neb. 2017). · cites it 2× “In Nebraska, pursuant to Neb. Rev. Stat. § 29-1809 (Reissue 2016), a “plea in abatement may be made when there is a defect in the record which is shown by facts extrinsic thereto.”
State v. Lasu, 768 N.W.2d 447 (Neb. 2009). · cites it 2× “EXCEPTION OVERRULED. NOTES [1] See Neb.Rev.Stat.”
State v. Boppre, 453 N.W.2d 406 (Neb. 1990). · cites it 2× “Plea in Abatement Boppre first assigns error to the district court’s overruling of the plea in abatement he filed pursuant to Neb. Rev. Stat. § 29-1809 (Reissue 1989).”
State v. Valencia, 290 N.W.2d 181 (Neb. 1980). · cites it 4× “" Section 29-1809, R.R.S.1943, provides: "A plea in abatement may be made when there is a defect in the record which is shown by facts extrinsic thereto.”
State v. Lafler, 405 N.W.2d 576 (Neb. 1987). · cites it 2× “Lafler, on September 24, filed a plea in abatement, see Neb. Rev. Stat. § 29-1809 (Reissue 1985), alleging that evidence adduced at the preliminary hearing did not show commission of a crime.”
State v. Carlson, 394 N.W.2d 669 (Neb. 1986). · cites it 2× “Carlson’s pleas in abatement, see Neb. Rev. Stat. § 29-1809 (Reissue 1985), and dismissing two informations filed against Carlson.”
State v. Meese, 599 N.W.2d 192 (Neb. 1999). · cites it 2× “Neb. Rev. Stat. § 29-1809 (Reissue 1995) states that “[a] plea in abatement may be made when there is a defect in the record which is shown by facts extrinsic thereto.”
Svehla v. State, 96 N.W.2d 649 (Neb. 1959). · cites it 2× “Section 29-1809, R. R. S. 1943, provides: “A plea in abatement may be made when there is a defect in the record which is shown by facts extrinsic thereto.”
State v. Busch (Neb. Ct. App. 2019). · cites it 3× “After an information was filed in the district court, Busch filed a “Plea in Abatement” pursuant to Neb. Rev. Stat. § 29-1809 (Reissue 2016).”
State v. Alspaugh (Neb. Ct. App. 2016). · cites it 2× “In the district court, Alspaugh filed a pro se plea in abatement pursuant to Neb. Rev. Stat. § 29-1809 (Reissue 2008), arguing there was insufficient evidence at the preliminary hearing to support a probable cause finding.”
State v. Meints (Neb. Ct. App. 2018). · cites it 2× “Meints filed a plea in abatement pursuant to Neb. Rev. Stat. § 29-1809 (Reissue 2016) claiming there was a defect in the case which was shown by facts extrinsic thereto, that is, that there was not sufficient evidence upon which a complaint could be made or upon which he could…”
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