§ 29-404 — Complaint; filing; procedure; warrant; issuance

Nebraska § 29-404

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

No complaint shall
be filed with the magistrate unless
such complaint is in writing and signed by the prosecuting attorney or by any other complainant.
If the complainant is a person other than the
prosecuting attorney or a city or village attorney prosecuting the violation
of a municipal ordinance, he or
she shall either have the consent of the prosecuting attorney
or shall furnish to the magistrate a bond with good and sufficient sureties
in such amount as the magistrate shall determine to indemnify the person complained
against for wrongful or malicious prosecution. Whenever a complaint shall
be filed with the magistrate, charging any person with the commission of an
offense against the laws of this state, it shall be the duty of such magistrate
to issue a warrant for the arrest of the person accused, if he or she has reasonable grounds to believe that
the offense charged has been committed. The prosecuting attorney shall consent
to the filing of such complaint if he or
she is in possession of sufficient evidence to warrant the belief
that the person named as defendant in such complaint is guilty of the crime
alleged and can be convicted thereof. The Attorney General shall have the
same power to consent to the filing of complaints as the prosecuting attorneys
have in their respective counties.

Legislative History

Source: G.S.1873, c. 58, § 286, p. 790; R.S.1913, § 8940; C.S.1922, § 9964; C.S.1929, § 29-404; R.S.1943, § 29-404; Laws 1965, c. 148, § 1, p. 490; Laws 1975, LB 168, § 2; Laws 1977, LB 497, § 1; Laws 2011, LB669, § 21. Annotations: 1. Complaint 2. Immunity 1. Complaint Complaint charging unlawful operation of freight-carrying motor vehicle was properly filed with justice of the peace. Conkling v. DeLany, 167 Neb. 4, 91 N.W.2d 250 (1958). Complaint in name of county attorney and verified by deputy county attorney does not confer jurisdiction upon examining magistrate. Morrow v. State, 140 Neb. 592, 300 N.W. 843 (1941). In making allegation of venue, no particular form is required. Seay v. Shrader, 69 Neb. 245, 95 N.W. 690 (1903). Complaint is jurisdictional; title is no part of complaint. White v. State, 28 Neb. 341, 44 N.W. 443 (1889). Complaint charging offense in language of statute is sufficient. State ex rel. Bryant v. Lauver, 26 Neb. 757, 42 N.W. 762 (1889). Complaint must charge all that is essential to constitute offense. Smith v. State, 21 Neb. 552, 32 N.W. 594 (1887). Complaint is sufficient if it shows violation of law, and is not vitiated for redundant matter. Ex parte Maule, 19 Neb. 273, 27 N.W. 119 (1886). Complaint must be sufficiently specific to negative innocence of defendant. Ex parte Eads, 17 Neb. 145, 22 N.W. 352 (1885). Complaint for selling liquor was good. Brown v. State, 16 Neb. 658, 21 N.W. 454 (1884). Complaint can be changed only by consent of complainant and by reverification. Lewis v. State, 15 Neb. 89, 17 N.W. 366 (1883). 2. Immunity Lack of county attorney's consent and failure to furnish bond not jurisdictional defects and convictions cannot be challenged in proceedings for revocation of motor vehicle operator's license. Bohlen v. Kissack, 189 Neb. 262, 202 N.W.2d 171 (1972). Accused is not immune from arrest even though out on bail pending trial for felony in another county. State ex rel. Johnson v. Goble, 136 Neb. 242, 285 N.W. 569 (1939). A ministerial officer is not liable for false imprisonment when acting under warrant regular on its face. Kelsey v. Klabunde, 54 Neb. 760, 74 N.W. 1099 (1898).