STATE v. FLEMING

No. 36552.

154 N.W.2d 65 (1967)

182 Neb. 249

STATE of Nebraska, Appellee, v. Henry C. FLEMING, Appellant.

Supreme Court of Nebraska.

November 10, 1967.


Attorney(s) appearing for the Case

Donald R. Grant, Lincoln, for appellant.

Ralph Nelson, City Atty., Fred J. Swihart, City Prosecutor, Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SPENCER, Justice.

Defendant was convicted by a jury of operating a motor vehicle while under the influence of alcoholic liquor. He has perfected an appeal to this court, setting out six assignments of error. We sustain the first assignment of error, and deem it unnecessary to consider the others.

The first assignment of error is as follows: "The Court erred in overruling Defendant's motion for mistrial made during testimony of Officer Jerry L. Thomas."

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