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STATE v. BAIRD

No. 90-1167.

472 N.W.2d 203 (1991)

238 Neb. 724

STATE of Nebraska, Appellant, v. James C. BAIRD, Appellee.

Supreme Court of Nebraska.

July 19, 1991.

Attorney(s) appearing for the Case

Joe Kelly, Deputy Lancaster Co. Atty., for appellant.

No appearance for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

CAPORALE, Justice.

In this case which charges defendant-appellee, James C. Baird, with the theft of money by deception, in violation of Neb. Rev.Stat. § 28-512 (Reissue 1989), the trial court determined that each of several separate acts constituted a separate offense. Accordingly, the court instructed the jury that in fixing the value of the theft, it could not add together the sum taken as the result of a series of separate acts but, instead, must fix the amount...

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