STATE v. MANLEY

No. 38517.

202 N.W.2d 831 (1972)

189 Neb. 415

STATE of Nebraska, Appellee, v. Donald L. MANLEY, Appellant.

Supreme Court of Nebraska.

December 15, 1972.


Attorney(s) appearing for the Case

Douglas McArthur, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., James J. Duggan, Asst. Atty. Gen., Lincoln, for appellee.

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


SPENCER, Justice.

Defendant, Donald L. Manley, was charged with second offense operation of a motor vehicle while under the influence of alcoholic liquor, and with refusal to submit to a chemical test. The jury found him guilty on both counts. The defendant predicates this appeal on the unconstitutionality of section 39-727.03, R.S.Supp., 1971; the giving of instructions Nos. 4 and 6; and the failure to give defendant's requested instruction No. 1. We affirm.

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