STATE v. STABLER

No. 43837.

306 N.W.2d 925 (1981)

209 Neb. 298

STATE of Nebraska, Appellee, v. Kenneth H. STABLER, Appellant.

Supreme Court of Nebraska.

June 26, 1981.


Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Gerald L. Soucie, Deputy Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., and Ruth Anne E. Galter, Lincoln, for appellee.

Heard before KRIVOSHA, C. J., BOSLAUGH, McCOWN, BRODKEY, WHITE, and HASTINGS, JJ., and COLWELL, Retired District Judge.


BOSLAUGH, Judge.

The defendant appeals from a conviction in District Court for driving while intoxicated, third offense, following his conviction in county court for refusal to submit to a chemical test under Neb.Rev.Stat. § 39-669.08 (Reissue 1978). Both charges grew out of the same incident. The defendant contends that his plea in bar, based on his conviction on the refusal charge, should have been sustained by the trial court.

The record shows the...

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