53-1,106 Charge of violation; sufficiency of allegations; second offense; proof; former conviction. - Nebraska Statutes

53-1,106. Charge of violation; sufficiency of allegations; second offense; proof; former conviction.In any indictment, information, complaint, or affidavit charging the violation of any of the provisions of the Nebraska Liquor Control Act, it shall not be necessary to allege the quantity or kind of such alcoholic liquor further than to allege that it was alcoholic liquor. In case of sale, keeping for sale, or delivering, it shall not be necessary to set out the name of the person to whom sale or delivery has been made. In any prosecution for a second offense, it shall not be necessary to state in the indictment, complaint, or affidavit the record of the former conviction, but it shall be sufficient briefly to allege such conviction. In any prosecution for an offense, no indictment, information, complaint, or affidavit shall state or allege and no consideration shall be given to the record of a former filing of an indictment, information, complaint, or affidavit, or the record of a former conviction, which is four years old or older. Proof of sale, delivery, or unlawful disposition of alcoholic liquor to any person not authorized by the act to purchase or receive the same shall be sufficient to sustain the allegation of unlawful sale, delivery, or disposition. SourceLaws 1935, c. 116, § 72, p. 411; C.S.Supp.,1941, § 53-372; R.S.1943, § 53-1,106; Laws 1978, LB 386, § 12; Laws 1991, LB 344, § 73.