State v. Ohler

The defendant was convicted of stealing cash of less value than $100 from the Farmers Union Cooperative Gas and Oil Company of St. Edward, Nebraska, the same being a second or subsequent offense, contrary to the provisions of section 28-512, R. R. S. 1943. Defendant was sentenced to' the Nebraska Penal and Correctional Complex for a term of 18 months. He appealed.

Defendant’s only assignment of error is that the sentence is excessive. Section 28-512, R. R. S. 1943, provides a penalty of imprisonment in the penitentiary from 1 to 2 years for a second or any subsequent offense of petit larceny.…