State v. Eckstein ( 1971 )

Clinton, J.,

dissenting.

I dissent respectfully. In prosecution upon charge of larceny by bailee proof of value is an essential element of the crime in order that the court may determine punishment for either grand or petit larceny. There is nothing in section 28-540, R. R. S. 1943, to indicate that the measure of punishment depends upon the nature of the property taken rather than its value.