Legal Opinion

State v. Eckstein

Nebraska Supreme Court

Decided June 25, 1971No. 37854Published

1Opinion of the CourtSmith, J.

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 guilty of larceny in the same manner as if the original taking were felonious. Upon conviction he is to be punished accordingly.

Stealing of an automobile…

2Cases cited11 opinions

  1. Bouie v. City of ColumbiaSupreme Court of the United States · 1964
  2. Hogoboom v. StateNebraska Supreme Court · 1931
  3. Wallace v. StateNebraska Supreme Court · 1912
  4. Gragg v. StateNebraska Supreme Court · 1924
  5. Griffith v. StateNebraska Supreme Court · 1913

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