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STATE v. SCHWADE

No. 35765.

131 N.W.2d 421 (1964)

177 Neb. 844

STATE of Nebraska, Appellee, v. John M. SCHWADE, Appellant.

Supreme Court of Nebraska.

November 20, 1964.

Attorney(s) appearing for the Case

Barney, Carter & Buchholz, Lincoln, for appellant.

Ralph D. Nelson, City Atty., Henry L. Holst, Deputy City Atty., Fred J. Swihart, Asst. City Atty., Lincoln, for appellee.

Heard before WHITE, C. J., MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ., and ROBERT L. SMITH, District Judge.

WHITE, Chief Justice.

Defendant appeals from a conviction and sentence under a city ordinance for driving a motor vehicle while under the influence of alcoholic liquor. At 1:30 a. m. on June 4, 1963, two Lincoln police officers, after observing defendant's erratic driving, took him to the police station, administered tests, and collected a voluntarily furnished specimen of urine, which tested 0.21 percentage alcohol (by weight).

The district court received...

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