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STATE v. ECKSTEIN

No. 37854.

188 N.W.2d 440 (1971)

187 Neb. 167

STATE of Nebraska, Appellee, v. Clarence ECKSTEIN, Appellant.

Supreme Court of Nebraska.

June 25, 1971.

Attorney(s) appearing for the Case

W. G. Cambridge, Hastings, for appellant.

Clarence A. H. Meyer, Atty. Gen., Calvin E. Robinson, Asst. Atty. Gen., Lincoln, for appellee.

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

SMITH, Justice.

An information charging defendant Clarence Eckstein with larceny by bailee of an automobile did not allege the value of the automobile. Upon a plea of guilty Eckstein was sentenced to imprisonment from 3 to 5 years. He appeals. He asserts that the information omitted an essential allegation—specific value of the automobile.

The information charged a violation of section 28-540, R.R.S.1943. The section concludes that an offender is deemed...

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