LEMMON v. STATE

No. 35124.

113 N.W.2d 525 (1962)

173 Neb. 387

Clarence D. LEMMON, Plaintiff in Error, v. The STATE of Nebraska, Defendant in Error.

Supreme Court of Nebraska.

February 23, 1962.


Attorney(s) appearing for the Case

Nelson, Harding & Acklie, Donald E. Leonard, Lincoln, for plaintiff in error.

Clarence A. H. Meyer, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Lincoln, for defendant in error.

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


BROWER, Justice.

The plaintiff in error was tried before a jury in the district court for Lancaster County, Nebraska, for the crime of unlawfully operating a motor vehicle while under the influence of alcoholic liquor. The amended complaint and information on which he was tried alleged it to be his second offense. The trial resulted in a verdict of guilty. He was sentenced to pay a fine of $300 and costs, to be imprisoned in the county jail for 30 days, and his driver...

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