Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception.

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  2. Nebraska Revised Statutes
  3. Criminal Procedure
  4. Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception.

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29-2812. Extradition of citizens of Nebraska for prosecution in sister state; imprisonment for; general prohibition; penalty; exception.

No citizen of this state, being an inhabitant or resident of the same, shall be sent a prisoner to any place whatever out of the state, for any crime or offense committed within this state, except in cases specially authorized by law, and every such imprisonment is hereby declared to be illegal. If any such citizen shall be so imprisoned, he may for every such imprisonment maintain an action of false imprisonment, in any court having cognizance thereof, against the person or persons by whom he shall be so imprisoned or transported contrary to law, and against any person who shall contrive, write, seal, sign or countersign any writing for such imprisonment or transportation, or shall be aiding and assisting in the same or any of them, and shall recover triple costs besides damages, which damages, so to be given, shall not be less than five hundred dollars; and every person knowingly concerned in any manner as aforesaid in such illegal imprisonment or transportation, contrary to this section, and being thereof lawfully convicted, shall be disabled from henceforth to bear any office of trust or profit within this state; Provided, if any citizen of this state, or any person or persons at any time resident in the same, shall have committed or shall be charged with having committed any treason, felony or misdemeanor in any other part of the United States or territories where he or she ought to be tried for such offense, he, she or they may be sent to the state or territory having jurisdiction of the offense as provided by the Uniform Criminal Extradition Act of this state.

Source

  • G.S.1873, c. 58, § 364, p. 806;
  • R.S.1913, § 9258;
  • C.S.1922, § 10287;
  • C.S.1929, § 29-2812;
  • Laws 1935, c. 66, § 28, p. 231;
  • C.S.Supp.,1941, § 29-2812;
  • R.S.1943, § 29-2812.

Cross References

  • Uniform Criminal Extradition Act, see section 29-758.

Annotations

  • Courts are bound by construction of extradition laws adopted by Supreme Court of United States and will not review questions of evidence decided by Governor. In re Willard, 93 Neb. 298, 140 N.W. 170 (1913).

  • This section does not authorize extradition without proof that accused is fugitive. Dennison v. Christian, 72 Neb. 703, 101 N.W. 1045 (1904).


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