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STATE v. KOLAR

No. 43058.

294 N.W.2d 350 (1980)

206 Neb. 619

STATE of Nebraska, Appellee, v. David G. KOLAR, Appellant.

Supreme Court of Nebraska.

July 1, 1980.

Attorney(s) appearing for the Case

Richard Gee, Grand Island, for appellant.

Paul L. Douglas, Atty. Gen., and Patrick T. O'Brien, Asst. Atty. Gen., Lincoln, for appellee.

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

KRIVOSHA, C. J.

The appellant, David Kolar, appeals from a judgment of the District Court for Merrick County, Nebraska, which affirmed an earlier conviction by the county court of Merrick County, Nebraska, finding Kolar guilty of violating Neb.Rev.Stat. § 39-369.07 (Reissue 1978). For reasons more particularly set out in the opinion, we must reverse the action of the District Court and order the complaint dismissed.

The first issue raised herein is whether...

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