STATE v. SOMMERS

No. 42025.

272 N.W.2d 367 (1978)

201 Neb. 809

STATE of Nebraska, Appellee, v. James B. SOMMERS, Appellant.

Supreme Court of Nebraska.

December 13, 1978.


Attorney(s) appearing for the Case

Kirk E. Naylor, Jr., Naylor & Keefe, Lincoln, 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 RIST, District Judge.


SPENCER, Chief Justice, Pro Tem.

Defendant appeals his conviction for the offense of motor vehicle homicide. The action was prosecuted as a felony by virtue of the allegation that he unlawfully operated his vehicle by having ten-hundredths of one percent or more by weight of alcohol in his body fluid. The case was tried to the court. There are two assignments of error: (1) Should the blood alcohol test have been suppressed...

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