If upon the whole examination, it shall appear that no offense has been committed or that there is no probable cause for holding the accused to answer for the offense, he shall be discharged; but if it shall appear that an offense has been committed and there is probable cause to believe that the person charged has committed the offense, the accused shall be committed to the jail of the county in which the same is to be tried, there to remain until he is discharged by due course of law; Provided, if the offense be bailable, the accused may be released pursuant to Chapter 29, article 9, such release to be conditioned on his appearance before the district court as ordered. When a defendant has executed an appearance bond and made a deposit with the court pursuant to section 29-901, and such appearance bond is continued in force for the defendant's appearance in district court, the appearance bond costs shall be retained by the examining court, and the appearance bond and the balance of the deposit shall be transmitted to the district court.
Notes of Decisions
Cited in
29
cases (
3 in the last 5 years), 1931–2025 · leading case:
State v. Rossbach, 650 N.W.2d 242 (Neb. 2002).
State v. Rossbach, 650 N.W.2d 242 (Neb. 2002).
· cites it 2× “A preliminary hearing is a creature of statute, and its functional purpose is stated in Neb. Rev. Stat. § 29-506 (Reissue 1995). A preliminary hearing before a magistrate is not a criminal prosecution or trial within the meaning of the Nebraska Constitution.”
State v. Wilkinson, 365 N.W.2d 478 (Neb. 1985).
· cites it 3× “The scope of that hearing is defined in Neb. Rev. Stat. § 29-506 (Reissue 1979), which provides: If upon the whole examination, it shall appear that no offense has been committed or that there is no probable cause for holding the accused to answer for the offense, he shall be…”
State v. Nesbitt, 650 N.W.2d 766 (Neb. 2002).
· cites it 2× “At the outset, we note that the county court’s decision to overrule Nesbitt’s motion for closure had nothing to do with the issues to be determined at his preliminary hearing.”
Cotner v. Solomon, 80 N.W.2d 587 (Neb. 1957).
· cites it 12× “1943, as follows: `If upon the whole examination * * * it shall appear that an offense has been committed and there is probable cause to believe that the person charged has committed the offense, the accused shall be committed to the jail of the county in which the same is to be…”
State v. Boppre, 453 N.W.2d 406 (Neb. 1990).
· cites it 2× “) We conclude that the district court did not err in refusing to release Boppre on bail.”
State v. Boslau, 601 N.W.2d 769 (Neb. 1999).
· cites it 2× “Neb. Rev. Stat. § 29-506 (Reissue 1995). Once the defendant is bound over to district court, the State files an information with the district court, setting forth the charge or charges against the defendant.”
State v. Cox, 437 N.W.2d 134 (Neb. 1989).
· cites it 2× “See Neb. Rev. Stat. § 29-506 (Reissue 1985) (felony charge and preliminary examination).”
State v. Hill, 583 N.W.2d 20 (Neb. 1998).
· cites it 2× “STANDARD OF REVIEW The purpose of a preliminary hearing under Neb. Rev. Stat. § 29-506 (Reissue 1995) is to ascertain whether or not a crime has been committed and whether or not there is probable cause to believe the accused committed it; it is not a trial of a person accused…”
Delay v. Brainard, 156 N.W.2d 14 (Neb. 1968).
· cites it 4× “The district court found the evidence insufficient to establish the crime of manslaughter, determined that relator's statements and admissions secured during the investigative process were inadmissible at the preliminary hearing, and granted the writ.”
Fugate Ex Rel. McArthur v. Ronin, 91 N.W.2d 240 (Neb. 1958).
· cites it 2× “The functional purpose of a preliminary hearing is stated in section 29-506, R. R. S. 1943. It is in no sense a trial of the person accused in regard to his guilt or innocence.”
State v. Hutton, 648 N.W.2d 322 (Neb. Ct. App. 2002).
· cites it 2× “Neb. Rev. Stat. § 29-506 (Reissue 1995). Once the defendant is bound over to district court, the State files an information with the district court, setting forth the charge or charges against the defendant.”
State v. Scott, 403 N.W.2d 351 (Neb. 1987).
· cites it 2× “” Neb. Rev. Stat. § 29-506 (Reissue 1985). The preliminary hearing is in no sense a trial as to the guilt or innocence of the person charged.”
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.