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STATE v. PINKERTON

No. 37525.

182 N.W.2d 198 (1970)

186 Neb. 225

STATE of Nebraska, Appellee, v. Gene PINKERTON, Jr., Appellant.

Supreme Court of Nebraska.

December 23, 1970.

Attorney(s) appearing for the Case

Padley & Dudden, Ogallala, for appellant.

W. R. Mullikin, North Platte, for appellee.

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

BOSLAUGH, Justice.

The defendant, Gene Pinkerton, Jr., a boy 15 years of age, was convicted of petit larceny and committed to the custody of the Department of Public Institutions. His appeal questions only the right of the trial court to commit him to the custody of the Department of Public Institutions instead of imposing the penalty prescribed by section 28-512, R.R.S.1943.

The prosecution was commenced by a complaint filed in the police court of the city...

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