29-2302 Misdemeanor cases; appeal; recognizance. - Nebraska Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-2302

29-2302. Misdemeanor cases; appeal; recognizance.The execution of sentence and judgment against any person or persons convicted and sentenced in the district court for a misdemeanor shall be suspended during an appeal to the Court of Appeals or Supreme Court. The district court shall fix the amount of a recognizance, which in all cases shall be reasonable, conditioned that the appeal shall be prosecuted without delay and that in case the judgment is affirmed he, she, or they will abide, do, and perform the judgment and sentence of the district court. SourceG.S.1873, c. 58, § 504, p. 834; R.S.1913, § 9173; Laws 1917, c. 149, § 1, p. 344; C.S.1922, § 10180; C.S.1929, § 29-2302; R.S.1943, § 29-2302; Laws 1982, LB 722, § 4; Laws 1991, LB 732, § 76. AnnotationsRight of review in criminal case has statutory limitation of one month. Cunningham v. State, 153 Neb. 912, 46 N.W.2d 636 (1951).Supersedeas bond is not satisfied by surrender of body of defendant prior to issuance of execution and return thereof unsatisfied in whole or in part. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926).

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-2302

29-2302. Misdemeanor cases; appeal; recognizance.The execution of sentence and judgment against any person or persons convicted and sentenced in the district court for a misdemeanor shall be suspended during an appeal to the Court of Appeals or Supreme Court. The district court shall fix the amount of a recognizance, which in all cases shall be reasonable, conditioned that the appeal shall be prosecuted without delay and that in case the judgment is affirmed he, she, or they will abide, do, and perform the judgment and sentence of the district court. SourceG.S.1873, c. 58, § 504, p. 834; R.S.1913, § 9173; Laws 1917, c. 149, § 1, p. 344; C.S.1922, § 10180; C.S.1929, § 29-2302; R.S.1943, § 29-2302; Laws 1982, LB 722, § 4; Laws 1991, LB 732, § 76. AnnotationsRight of review in criminal case has statutory limitation of one month. Cunningham v. State, 153 Neb. 912, 46 N.W.2d 636 (1951).Supersedeas bond is not satisfied by surrender of body of defendant prior to issuance of execution and return thereof unsatisfied in whole or in part. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926).

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-2302

29-2302. Misdemeanor cases; appeal; recognizance.The execution of sentence and judgment against any person or persons convicted and sentenced in the district court for a misdemeanor shall be suspended during an appeal to the Court of Appeals or Supreme Court. The district court shall fix the amount of a recognizance, which in all cases shall be reasonable, conditioned that the appeal shall be prosecuted without delay and that in case the judgment is affirmed he, she, or they will abide, do, and perform the judgment and sentence of the district court. SourceG.S.1873, c. 58, § 504, p. 834; R.S.1913, § 9173; Laws 1917, c. 149, § 1, p. 344; C.S.1922, § 10180; C.S.1929, § 29-2302; R.S.1943, § 29-2302; Laws 1982, LB 722, § 4; Laws 1991, LB 732, § 76. AnnotationsRight of review in criminal case has statutory limitation of one month. Cunningham v. State, 153 Neb. 912, 46 N.W.2d 636 (1951).Supersedeas bond is not satisfied by surrender of body of defendant prior to issuance of execution and return thereof unsatisfied in whole or in part. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926).