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

Neb. Rev. Stat. § 29-2104 (2026)

Arrest of judgment; grounds

✓ current as of July 2026
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A motion in arrest of judgment may be granted by the court for either of the following causes: (1) That the grand jury which found the indictment had no legal authority to inquire into the offense charged, by reason of it not being within the jurisdiction of the court; or (2) that the facts stated in the indictment do not constitute an offense.

Notes of Decisions
Cited in 5 cases, 1933–2004 · leading case: State v. Thomas, 685 N.W.2d 69 (Neb. 2004).
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State v. Thomas, 685 N.W.2d 69 (Neb. 2004). · cites it 2× “Neb. Rev. Stat. § 29-2104 (Reissue 1995) provides: A motion in arrest of judgment may be granted by the court for either of the following causes: (1) That the grand jury which found the indictment had no legal authority to inquire into the offense charged, by reason of it not…”
State v. Spotted Elk, 420 N.W.2d 707 (Neb. 1988). · cites it 2× “(See, however, Neb. Rev. Stat. §§ 29-2104 through 29-2106 (Reissue 1985), which deal with a motion for arrest of a criminal judgment.”
State v. Belmarez, 577 N.W.2d 255 (Neb. 1998). · cites it 2× “*438 On January 31, 1995, Belmarez filed a motion in arrest of judgment pursuant to Neb. Rev. Stat. §§ 29-2104 and 29-2106 (Reissue 1995).”
State v. Abraham, 205 N.W.2d 342 (Neb. 1973). “00 that had been stolen, with the intent to defraud the owner thereof, the said Sidney Abraham and Fud Ferris, Jr.”
Kopp v. State, 246 N.W. 718 (Neb. 1933). · cites it 2× “Motion in arrest of judgment is provided for in section 29-2104, Comp. St. 1929. A perusal of that section will show that the only phase applicable is that the facts stated in the information do not constitute an offense.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.