Kennedy v. State

16 Citing cases

  1. State v. Irwin

    214 N.W.2d 595 (Neb. 1974)   Cited 36 times
    In State v. Irwin, 191 Neb. 169, 214 N.W.2d 595, we thought to some extent we had eliminated that difficulty. Apparently we did not and therefore we shall attempt to do so herein. Hopefully such action will then put an end to the confusion which has heretofore existed.

    We heard the appeal and without decision retained jurisdiction on the robbery charge but remanded the cause for sexual sociopath proceedings because we felt the appeal was premature since no sentence had been imposed or other final determination made on six of the counts of the information. Dodge v. People, 4 Neb. 220; Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853. On remand the hearings under the sexual sociopath act were held, at the conclusion of which, a jury having been waived by the defendant, the court found that the defendant was a sexual sociopath; that the defendant could not benefit from treatment; and that the defendant be committed to the Nebraska Penal and Correctional Complex for an indefinite period pursuant to the provisions of section 29-2906, R. S. Supp., 1972. From this finding and judgment of the court, the defendant has now appealed and we have before us all seven charges. The first five errors claimed here on appeal are common to all the charges.

  2. State v. Longmore

    134 N.W.2d 66 (Neb. 1965)   Cited 36 times
    In State v. Longmore, 178 Neb. 509, 134 N.W.2d 66, we pointed out that under our procedure the admission of a confession in evidence constitutes the trial court's independent determination that the confession is voluntary.

    None of the cases cited involved a probation order. Apparently the last such pronouncement was in Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853, and it also held that error proceedings may be taken from the overruling of the motion for new trial, or the imposition of sentence, whichever is the later. Historically the courts generally held that imposition of a sentence was required for finality; and that acceptance of probation waived the defendant's right to appeal.

  3. Kennedy v. Sigler

    397 F.2d 556 (8th Cir. 1968)   Cited 20 times

    These sentences were to run concurrently. 7. After preliminary motions, Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853 (1960), and 170 Neb. 348, 102 N.W.2d 620 (1960), Kennedy prosecuted error to the State Supreme Court. He asserted five points. The fifth was that the trial court erred in finding that he was an habitual criminal and in sentencing him accordingly.

  4. State v. Beyer

    260 Neb. 670 (Neb. 2000)   Cited 17 times
    Holding when no appeal taken from criminal judgment, it becomes final for all purposes

    The judgment terminated the proceedings in the district court, and its judgment could be fully executed without any further action by the district court. However, the State claims, citing Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853 (1960), that the district court's order was not a final, appealable order because it did not include a sentence. The State claims that because the district court vacated the payment of attorney fees and remanded the restitution issue without affirming the $50 fine, the district court's order did not include a sentence.

  5. State v. Shaw

    277 N.W.2d 106 (Neb. 1979)   Cited 16 times
    In State v. Shaw, 202 Neb. 766, 770, 277 N.W.2d 106, 110 (1979), we expressed our concern about denying a defendant a right of appeal saying: "It is therefore clear that by delaying the imposition of a sentence indefinitely, a defendant is denied the right of appeal from the original charge.

    We have previously said that before a criminal matter may be appealed to this court, it must be a final judgment. No judgment will be regarded as final unless a sentence is pronounced. Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853. It is therefore clear that by delaying the imposition of a sentence indefinitely, a defendant is denied the right of appeal from the original charge. Such denial offends basic notions of due process and equal protection of the law and cannot be permitted.

  6. Fleming v. Civil Service Commission

    280 Neb. 1014 (Neb. 2011)   Cited 16 times

    Black's Law Dictionary 539 (9th ed. 2009). Our court has previously held that a conviction does not become final until a sentence is pronounced. See, e.g., State v. Vela, 272 Neb. 287, 721 N.W.2d 631 (2006); Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853 (1960). Accordingly, the disposition of a criminal case cannot come before sentencing.

  7. State v. Seger

    191 Neb. 760 (Neb. 1974)   Cited 11 times
    In State v. Seger, 191 Neb. 760, 217 N.W.2d 828 (1974), the defendant was convicted of the offense of having carnal knowledge of a female child under age 15. Shortly after the rape, the girl was given a polygraph examination.

    " We have repeatedly held that such errors must be pointed out to the trial court in a motion for new trial and a ruling obtained thereon. Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853 (1960). We have consistently held that alleged error not asserted in a motion for new trial will not be considered on appeal. State v. Stanosheck, 186 Neb. 17, 180 N.W.2d 226 (1970); State v. Haile, 185 Neb. 421, 176 N.W.2d 232 (1970).

  8. State v. Haile

    176 N.W.2d 232 (Neb. 1970)   Cited 10 times

    In addition, the issue was not raised in a motion for new trial and will not be considered now. See Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853. It should also be pointed out that there was ample evidence, entirely aside from any breathalizer test results, upon which the jury could and did find the defendant guilty on Count I. There was also ample evidence to establish that the defendant verbally and physically abused the arresting officer, kicked him, and scratched his face.

  9. State v. Stanosheck

    186 Neb. 17 (Neb. 1970)   Cited 10 times

    The failure to assert an alleged error in the motion for a new trial will not be considered on appeal. Such failure will be deemed to be a waiver of the claimed error. Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853. Defendant contends that the trial court was in error in imposing a harsher sentence than that imposed in the lower court.

  10. State v. Weidner

    192 Neb. 161 (Neb. 1974)   Cited 9 times
    In State v. Weidner, 192 Neb. 161, 219 N.W.2d 742 (1974), the State filed an application to docket error proceedings after the defendant had been convicted, but prior to sentencing and prior to the trial court's ruling on the defendant's motion for new trial.

    We have stated before that in a criminal case the final order made by the court below must include a sentence and that the defendant may appeal from the overruling of the motion for new trial or the imposition of sentence, whichever is the later. Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853. In State v. Taylor, 179 Neb. 42, 136 N.W.2d 179, we said: "This court has held repeatedly that an order is final only when no further action is required to dispose of the cause pending and that when the cause is retained for a new trial or further action to dispose of it, the order is interlocutory and not final."