STATE v. MONROE

No. 38206.

195 N.W.2d 159 (1972)

188 Neb. 100

STATE of Nebraska, Appellee, v. Aloysios MONROE, Appellant.

Supreme Court of Nebraska.

March 3, 1972.


Attorney(s) appearing for the Case

Joseph D. Martin, Grand Island, for appellant.

Clarence A. H. Meyer, Atty. Gen., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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


WHITE, Chief Justice.

This is a prosecution for drunken driving in which the defendant's only contention on appeal is that the evidence is insufficient to submit to the jury the question of whether he was actually operating or in actual physical control of the motor vehicle at the time and the place charged in the information.

In other words, the question involved in this case is was the defendant sufficiently identified as the driver of the automobile? There...

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