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STATE v. WEIDNER

No. 39288.

219 N.W.2d 742 (1974)

192 Neb. 161

STATE of Nebraska, Appellant, v. Earl E. WEIDNER, Appellee.

Supreme Court of Nebraska.

June 27, 1974.

Attorney(s) appearing for the Case

Ralph M. Anderson, Jr., County Atty., Tekamah, for appellant.

George H. Moyer, Moyer & Moyer, Madison, for appellee.

Heard before SPENCER, BOSLAUGH, McCOWN, NEWTON and CLINTON, JJ., and BUCKLEY, District Judge.

BUCKLEY, District Judge.

This is an error proceeding brought by the county attorney of Burt County, Nebraska, pursuant to section 29-2315.01, R. R.S.1943.

In 1966, the defendant was convicted in Platte County, Nebraska, of operating a motor vehicle while under the influence of alcoholic liquor. On May 8, 1973, he was convicted in the county court of Burt County for operating a motor vehicle while having ten hundredths of one percent or more by weight of alcohol...

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