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PETERSON v. STATE

No. 33377.

61 N.W.2d 263 (1953)

157 Neb. 618

PETERSON v. STATE.

Supreme Court of Nebraska.

November 20, 1953.

Attorney(s) appearing for the Case

Richard O. Johnson, Lincoln, for plaintiff in error.

Clarence S. Beck, Atty. Gen., Ralph D. Nelson, Asst. Atty. Gen., for defendant in error.

Heard before SIMMONS, C. J., and MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

WENKE, Justice.

Plaintiff in error Thure E. Peterson was found guilty by the district court for Lancaster County of operating a motor vehicle upon the highways of said county while under the influence of alcoholic liquor. He was sentenced accordingly.

In this respect section 39-727, R.R.S.1943, provides, as far as here material, as follows: "It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle while under...

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