State v. Pinkerton

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 of North Platte, Nebraska. The defendant was found guilty and appealed to the district court. There the complaint was amended with the consent of the…