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

Neb. Rev. Stat. § 29-1810 (2026)

Demurrer to indictment; when made

✓ current as of July 2026
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The accused may demur when the facts stated in the indictment do not constitute an offense punishable by the laws of this state, or when the intent is not alleged, when proof of it is necessary to make out the offense charged.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1959–2024 · leading case: In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024).
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In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024). · cites it 2× “It denied Quiotis’ motion to dismiss/demurrer for lack of argument consistent with Neb. Rev. Stat. § 29-1810 (Reissue 2016) and for raising defenses that could be asserted at the adjudication hearing.”
State v. Valencia, 290 N.W.2d 181 (Neb. 1980). · cites it 4× “" Section 29-1810, R.R.S.1943, provides: "The accused may demur when the facts stated in the indictment do not constitute an offense punishable by the laws of this state, or when the intent is not alleged, when proof of it is necessary to make out the offense charged.”
State v. Buttner, 143 N.W.2d 907 (Neb. 1966). · cites it 4× “The defendant filed a demurrer to the several counts pursuant to section 29-1810, R.R.S.1943. The trial court sustained the demurrer as to all counts of the indictment and dismissed them.”
Nelson v. State, 94 N.W.2d 1 (Neb. 1959). · cites it 3× “” § 29-1810, R. R. S. 1943. “The accused shall be taken to have waived all defects which may be excepted to by a motion to quash, or a plea in abatement, by demurring to an indictment or pleading in bar or the general issue.”
State v. Hall, 566 N.W.2d 121 (Neb. 1997). · cites it 2× “In response to this information, Hall filed a demurrer pursuant to Neb. Rev. Stat. § 29-1810 (Reissue 1995), directed to count II of the information.”
State v. Hirsch, 510 N.W.2d 534 (Neb. Ct. App. 1993). · cites it 2× “Hirsch filed a demurrer pursuant to Neb. Rev. Stat. § 29-1810 (Reissue 1989) on grounds that the prosecution was “barred by the provisions of Section 29-110 of the Nebraska Statutes as Revised.”
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