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STATE v. SCHUMACHER

No. 37205.

171 N.W.2d 181 (1969)

184 Neb. 653

STATE of Nebraska, Appellee, v. Dale Leo SCHUMACHER, Appellant.

Supreme Court of Nebraska.

October 10, 1969.

Attorney(s) appearing for the Case

Gordon C. Shaffer, Jr., Chadron, for appellant.

Clarence A. H. Meyer, Atty. Gen., C. C. Sheldon, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

NEWTON, Justice.

Defendant Dale Leo Schumacher was charged in the district court for Sioux County, Nebraska, with grand larceny. The specific theft charged was of 60 storage batteries of the value of $120, the property of M. W. Didier. Trial was had to a jury which returned a verdict of guilty and fixed the value of the batteries at $81.25, thus finding defendant guilty of petit rather than grand larceny. We affirm the judgment of the district court.

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