Section 29-505 – Witnesses; preliminary hearing; segregation

May 13, 2021 | Criminal Procedure, Nebraska

The magistrate, if requested, or if he sees good cause therefor, shall order that the witnesses on both sides be examined each one separate from all the others, and that the witnesses for may be kept separate from the witnesses against the accused during the examination.

Neb. Rev. Stat. § 29-505

G.S.1873, c. 58, § 301, p. 793;
R.S.1913, § 8956;
C.S.1922, § 9980;
C.S.1929, § 29-505;
R.S.1943, § 29-505.

Magistrates hearing preliminary examinations are invested with discretion to sequester the witnesses. Chicago, B. & Q. R. R. Co. v. Kellogg, 54 Neb. 138, 74 N.W. 403 (1898).