STATE v. BENEDICT

No. 42183.

276 N.W.2d 108 (1979)

202 Neb. 506

STATE of Nebraska, Appellee, v. Robert D. BENEDICT, Appellant.

Supreme Court of Nebraska.

March 6, 1979.


Attorney(s) appearing for the Case

Anthony S. Troia, Omaha, for appellant.

Paul L. Douglas, Atty. Gen. and Jerold V. Fennell, Asst. Atty. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE and HASTINGS, JJ.


BRODKEY, Justice.

Defendant, Robert D. Benedict, was charged under section 39-669.07, R.R.S. 1943, with operating or being in the actual physical control of a motor vehicle while under the influence of alcoholic liquor or of any drug or with ten-hundredths of 1 percent or more by weight of alcohol in his body fluid as shown by chemical analysis of his blood, breath, or urine. Defendant was tried to a jury and convicted, following which a hearing was had with reference...

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