The accused may demur when the facts stated in the indictment do not constitute an offense punishable by the laws of this state, or when the intent is not alleged, when proof of it is necessary to make out the offense charged.

Source

  • G.S.1873, c. 58, § 442, p. 822;
  • R.S.1913, § 9086;
  • C.S.1922, § 10111;
  • C.S.1929, § 29-1809;
  • R.S.1943, § 29-1810.

Terms Used In Nebraska Statutes 29-1810

  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801