Prosecuting attorney, defined.

  1. Law
  2. Nebraska Revised Statutes
  3. Criminal Procedure
  4. Prosecuting attorney, defined.

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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, LB 168, § 1;
  • Laws 1998, LB 218, § 8.

Annotations

  • City prosecutor in a city of metropolitan class who is also a deputy county attorney is a "prosecuting attorney" within this section. State v. Kolosseus, 198 Neb. 404, 253 N.W.2d 157 (1977).

  • Assistant attorney general is agent of Attorney General, and official acts must be performed in name of his principal. Lower v. State, 106 Neb. 666, 184 N.W. 174 (1921).


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