STATE v. BJORNSEN

No. 41849.

271 N.W.2d 839 (1978)

201 Neb. 709

STATE of Nebraska, Appellee, v. Dennis L. BJORNSEN.

Supreme Court of Nebraska.

November 22, 1978.


Attorney(s) appearing for the Case

Walker, Luckey, Sipple & Hansen, Columbus, for appellant.

Paul L. Douglas, Atty. Gen., Linda A. Akers, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and KUNS, Retired District Judge.


C. THOMAS WHITE, Justice.

Defendant appeals from a conviction of operating a motor vehicle while having ten-hundredths of one percent of alcohol by weight in his body fluid.

There is no evidence of the defendant's intoxication sufficient to sustain a conviction other than the results of a blood test. The testimony of the sheriff who arrested defendant following the accident merely disclosed the defendant had the odor of alcohol on his breath and that a partially...

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