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ODEN v. STATE

No. 34387.

90 N.W.2d 356 (1958)

166 Neb. 729

Charles J. ODEN, Plaintiff in Error, v. The STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

May 31, 1958.

Attorney(s) appearing for the Case

W. O. Baldwin, Hebron, for plaintiff in error.

Clarence S. Beck, Atty. Gen., John E. Wenstrand, Asst. Atty. Gen., for defendant in error.

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

WENKE, Justice.

This is an error proceeding brought here from the district court for Gage County by Charles J. Oden. Oden was charged in the district court with having unlawfully operated a motor vehicle upon a public street in Gage County on April 28, 1957, while under the influence of alcoholic liquor. A jury found Oden "guilty as charged." After his motion for new trial had been overruled and after the trial court had found it was his third such offense, Oden was...

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