§ 23-1703 — Jailer; duty of sheriff; certain counties

Nebraska § 23-1703

• Jurisdiction: Nebraska
• Ch. 23: County Government and Officers

Text

Except in counties where a county board of corrections exists and has assumed responsibility over the jail pursuant to sections 23-2801 to 23-2806 , the sheriff shall have charge and custody of the jail, and the prisoners of the same, and is required to receive those lawfully committed and to keep them himself or herself, or by his or her deputy jailer, until discharged by law.

Legislative History

Source: Laws 1879, § 118, p. 385; R.S.1913, § 5655; C.S.1922, § 4982; C.S.1929, § 26-1403; R.S.1943, § 23-1703; Laws 1979, LB 396, § 1; Laws 1984, LB 394, § 1. Annotations: Prisoners who are lawfully arrested without a warrant on a felony charge are lawfully committed to jail for purposes of this section. State v. Dailey, 314 Neb. 325, 990 N.W.2d 523 (2023). Jury was properly instructed as to the duties of the sheriff as jailer under this section. O'Dell v. Goodsell, 152 Neb. 290, 41 N.W.2d 123 (1950). It is duty of sheriff to receive and keep until discharged all prisoners lawfully committed to county jail. O'Dell v. Goodsell, 149 Neb. 261, 30 N.W.2d 906 (1948). Sheriff has charge of county jail and is the custodian thereof. Flint v. Mitchell, 148 Neb. 244, 26 N.W.2d 816 (1947). Judgment in criminal action, imposing jail sentence and fine and remanding defendant to custody of sheriff to carry out sentence and judgment, is equivalent to judgment requiring defendant to be confined to jail until the fine is paid. State ex rel. Marasco v. Mundell, 127 Neb. 673, 256 N.W. 519 (1934). Sheriff must keep prisoners who are sentenced for violating city ordinances, but he collects from county, not city. Douglas County v. Coburn, 34 Neb. 351, 51 N.W. 965 (1892).