§ 29-2806 — Habeas corpus; disposition of cause

Nebraska § 29-2806

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

When the judge shall have examined into the cause of the capture and detention of the person so brought before him, and shall be satisfied that the person is unlawfully imprisoned or detained, he shall forthwith discharge such prisoner from confinement. In case the person or persons applying for such writ shall be confined or detained in a legal manner, on a charge of having committed any crime or offense, the judge shall, at his discretion, commit, discharge or let to bail such person or persons, and if the judge shall deem the offense bailable, on the principles of law, he shall cause the person charged as aforesaid to enter into recognizance, with one or more sufficient securities, in such sum as the judge shall think reasonable, the circumstances of the prisoner and the nature of the offense charged considered, conditioned for his appearance at the next court where the offense is cognizable. The judge shall certify his proceedings, together with the recognizance, forthwith, to the proper court; and if the person or persons charged as aforesaid shall fail to enter into such recognizance, he or they shall be committed to prison by such judge.

Legislative History

Source: G.S.1873, c. 58, § 358, p. 805; R.S.1913, § 9252; C.S.1922, § 10281; C.S.1929, § 29-2806; R.S.1943, § 29-2806. Annotations: The appropriate form of relief from denial of a motion to reduce excessive bail is by habeas corpus. State v. Harig, 192 Neb. 49, 218 N.W.2d 884 (1974). Statute contemplates that relator shall be discharged, committed, or let to bail. Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807 (1961). Resort may be had to habeas corpus to review discretion of district court in fixing the amount of bail. Kennedy v. Corrigan, 169 Neb. 586, 100 N.W.2d 550 (1960). Principles governing issuance of writ of habeas corpus stated. Lingo v. Hann, 161 Neb. 67, 71 N.W.2d 716 (1955). Court should require prisoner to enter into recognizance for appearance where order of discharge from bailable offense is appealed. Hulbert v. Fenton, 115 Neb. 818, 215 N.W. 104 (1927). When it appears that petitioner stands charged with bailable offense and his sureties are for any cause released from liability, he will be remanded to district court. State ex rel. Emerson v. Bauman, 87 Neb. 273, 126 N.W. 857 (1910). If commitment on which prisoner is detained is insufficient, but information against him charges a crime, court will recommit him to the court having jurisdiction of offense. Michaelson v. Beemer, 72 Neb. 761, 101 N.W. 1007 (1904). Order fixing amount of bail will not be disturbed upon habeas corpus unless amount is unreasonably great and disproportionate to the offense charged. In re Scott, 38 Neb. 502, 56 N.W. 1009 (1893).