OTTE v. STATE

No. 34921.

108 N.W.2d 737 (1961)

172 Neb. 110

William OTTE, Plaintiff in Error, v. STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

April 21, 1961.


Attorney(s) appearing for the Case

Atkins & Ferguson, Clark G. Nichols, Scottsbluff, for plaintiff in error.

Clarence A. H. Meyer, Atty. Gen., C. S. Brubaker, Asst. Atty. Gen., for defendant in error.

Heard before CARTER, MESSMORE, YEAGER, SPENCER and BOSLAUGH, JJ.


SPENCER, Justice.

The defendant was convicted by a jury in the district court for Morrill County of operating a motor vehicle while under the influence of alcoholic liquor. He prosecutes error to this court. Defendant lists several assignments of error. We will discuss only the following assignments: "1. The Court erred in overruling the Plea in Abatement filed by Plaintiff-in-error * *.

"2. The Court erred in giving Instruction No. 9 on its own Motion.

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