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

Neb. Rev. Stat. § 29-2027 (2026)

Verdict in trials for murder; conviction by confession; sentencing procedure

✓ current as of July 2026
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In all trials for murder the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict whether it is murder in the first or second degree or manslaughter; and if such person is convicted by confession in open court, the court shall proceed by examination of witnesses in open court, to determine the degree of the crime, and shall pronounce sentence accordingly or as provided in sections 29-2519 to 29-2524 for murder in the first degree.

Notes of Decisions
Cited in 22 cases, 1935–2018 · leading case: State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016).
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State v. Hinrichsen, 877 N.W.2d 211 (Neb. 2016). · cites it 18× “611 trial court is required to give an instruction on manslaughter where there is any evidence which could be believed by the trier of fact that the defendant committed manslaughter and not murder.”
State v. Lessley, 301 Neb. 734 (Neb. 2018). · cites it 4× “Neb. Rev. Stat. § 29-2027 (Reissue 2016) provides in part that "[i]n all trials for murder the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict whether it is murder in the first or second degree or manslaughter.”
State v. Weaver, 677 N.W.2d 502 (Neb. 2004). · cites it 6× “Neb. Rev. Stat. § 29-2027 (Supp. 2003) states in pertinent part: “In all trials for murder the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict whether it is murder in the first or second degree or manslaughter .”
State v. McCracken, 615 N.W.2d 902 (Neb. 2000). · cites it 7× “ASSIGNMENTS OF ERROR McCracken asserts that (1) the district court erred in refusing to transfer McCracken’s case to the juvenile court; (2) the district court erred in refusing to instruct the jury on the lesser-included offenses of second degree murder and manslaughter, in…”
State v. Vosler, 345 N.W.2d 806 (Neb. 1984). · cites it 5× “To be adjudged guilty of manslaughter, one must have killed "without malice .”
State v. Pettit, 445 N.W.2d 890 (Neb. 1989). · cites it 4× “Notwithstanding that Neb.Rev.Stat. § 29-2027 (Reissue 1985) provides in part, "In all trials for murder the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict whether it be murder in the first or second degree, or…”
State v. Archbold, 350 N.W.2d 500 (Neb. 1984). · cites it 4× “Consequently, in view of the evidence there was a jury question whether Middleton’s homicide might have been unintentional but during the commission of an unlawful act (assault).”
State v. Payne, 289 N.W.2d 173 (Neb. 1980). · cites it 4× “The defendant contends that the trial court had the duty to instruct upon these lesser degrees of homicide, even though not requested so to do by him.”
State v. Rowe, 315 N.W.2d 250 (Neb. 1982). · cites it 4× “Neb.Rev.Stat. § 29-2027 (Reissue 1979) provides in part: "In all trials for murder the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict whether it be murder in the first or second degree, or manslaughter.”
State v. Belmarez, 577 N.W.2d 264 (Neb. 1998). · cites it 9× “§ 29-2027 (Reissue 1995) to argue that by accepting his no contest plea and finding him guilty of second degree murder of Chester Tucker, the district court necessarily acquitted him of the greater charge of first degree murder of Chester Tucker.”
State v. Rincker, 423 N.W.2d 434 (Neb. 1988). · cites it 3× “This argument completely ignores the existence of Neb. Rev. Stat. § 29-2027 (Reissue 1985), which provides: “In all trials for murder the jury before whom such trial is had, if they [sic] find the prisoner guilty thereof, shall ascertain in their [sic] verdict whether it be…”
State v. Al-Zubaidy, 559 N.W.2d 774 (Neb. Ct. App. 1997). · cites it 4× “Under Neb.Rev.Stat. § 29-2027 (Reissue 1995), the court is required to instruct the jury on lesser-included offenses when there is evidence tending to show those crimes were committed.”
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