29-1001. Prisoner; where confined. Whenever it shall be lawful and necessary to confine any prisoner in custody previous to conviction upon a criminal accusation, or in custody for contempt or alleged contempt of court, or upon an attachment by order of a court or judge, or otherwise in lawful custody, or upon conviction for any […]
29-1007. Custody awaiting trial; deadline; release after hearing. A defendant charged with any offense or offenses shall not be held in custody awaiting trial on such offense or offenses for a period of time longer than the maximum possible sentence of imprisonment authorized for such offense or offenses. On the next judicial day after expiration […]
29-101. Terms, usage. Unless otherwise provided, words used in this code in the present tense include the future as well as the present. Words used in the masculine gender comprehend as well the feminine and neuter. The singular number includes the plural and the plural the singular. The term writing includes printing. The term oath […]
29-103. Magistrate, defined. The term magistrate in this code, when not otherwise expressly stated, shall mean a judge of the county court or clerk magistrate. Source G.S.1873, c. 58, § 248, p. 782; R.S.1913, § 8903; C.S.1922, § 9924; C.S.1929, § 29-103; R.S.1943, § 29-103; Laws 1972, LB 1032, § 161; Laws 1984, LB 13, […]
29-104. Prosecuting attorney, defined. The term prosecuting attorney means any county attorney or city attorney or assistant city attorney when such attorney is prosecuting any violation designated as a misdemeanor or traffic infraction. Source G.S.1873, c. 58, § 249, p. 782; R.S.1913, § 8904; C.S.1922, § 9925; C.S.1929, § 29-104; R.S.1943, § 29-104; Laws 1975, […]
29-105. Code; general and special provisions. In the construction of this code each general provision shall be controlled by a special provision on the same subject, if there is a conflict. Source G.S.1873, c. 58, § 250, p. 782; R.S.1913, § 8905; C.S.1922, § 9926; C.S.1929, § 29-105; R.S.1943, § 29-105. Annotations Penal statute applies […]
29-106. Code and other law; construe according to plain import of language. This code and every other law upon the subject of crime which may be enacted shall be construed according to the plain import of the language in which it is written, without regard to the distinction usually made between the construction of penal […]
29-107. Person or other general term, when protection of property intended; meaning. Whenever any property or interest is intended to be protected by a provision of the penal law, and the general term person or any other general term is used to designate the party whose property is intended to be protected, the provisions of […]
29-108. Signature, how construed. The word signature includes the mark of a person unable to write his name; a mark shall have the same effect as a signature when the name is written by some other person and the mark is made near thereto by the person unable to write his name. Source G.S.1873, c. […]
29-109. Terms not defined, how construed; titles, treatment. Except where a word, term or phrase is specially defined, all words used in this code are to be taken and construed in the sense in which they are understood in common language, taking into consideration the context and subject matter relative to which they are employed. […]
29-110. Prosecutions; complaint, indictment, or information; filing; time limitations; exceptions. (1) Except as otherwise provided by law, no person shall be prosecuted for any felony unless the indictment is found by a grand jury within three years next after the offense has been done or committed or unless a complaint for the same is filed […]
29-1105. Recognizance forfeited; recovery notwithstanding defects. No action brought on any recognizance shall be barred or defeated, nor shall judgment thereon be reversed by reason of any neglect or omission to note or record the default, nor by reason of any defect in the form of the recognizance if it sufficiently appears from the tenor […]
29-1106. Recognizance forfeited; when. When there is a breach of condition of a recognizance, the court shall declare a forfeiture of the bail. Source Laws 1953, c. 88, § 1, p. 259. Annotations When the defendant failed to appear in court as his bond required, the liability on the bond became absolute and forfeiture was […]
29-1107. Recognizance forfeited; set aside; conditions. The court may direct that a forfeiture of the recognizance be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture. Source Laws 1953, c. 88, § 2, p. 259. Annotations District court has authority to […]
29-1108. Recognizance forfeited; motion; notice; judgment; cash deposit, disposition. When a forfeiture of a recognizance has not been set aside, the court in which the proceeding is pending shall on motion enter a judgment of default and execution may issue thereon. Where a cash deposit has been made in lieu of a surety or sureties […]
29-1109. Recognizance forfeited; judgment; remission; conditions. After entry of such judgment on the recognizance, the court may remit it in whole or in part under the conditions applying to the setting aside of forfeiture as provided in section 29-1107. Source Laws 1953, c. 88, § 4, p. 260. Annotations It is within the discretion of […]
29-111. Fines and punishments; how enforced. All fines and punishments provided for in this code shall be enforced by the procedure provided for in this code so far as such procedure extends or can be made applicable. Source G.S.1873, c. 58, § 257, p. 783; R.S.1913, § 8911; C.S.1922, § 9932; C.S.1929, § 29-111; R.S.1943, […]
29-1110. Recognizance forfeited; satisfaction; forfeiture set aside or remitted; exoneration of surety. When the conditions of the recognizance have been satisfied or the forfeiture thereof has been set aside or remitted, the court shall exonerate the obligors and release any bail. A surety may be exonerated by a deposit of cash in the amount of […]
29-112. Felon; disqualified as juror or officeholder; warrant of discharge; effect; right to vote. Any person sentenced to be punished for any felony, when the sentence is not reversed or annulled, is incompetent to be a juror or to hold any office of honor, trust, or profit within this state, unless such person receives from […]
29-112.01. Restoration of civil rights; felon; procedure. Any person sentenced to be punished for any felony, when the sentence is other than confinement in a Department of Correctional Services adult correctional facility, shall be restored to such civil rights as enumerated or limited by the Board of Pardons upon receipt from the Board of Pardons […]