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STATE v. HILKER

No. 44456.

317 N.W.2d 82 (1982)

210 Neb. 810

STATE of Nebraska, Appellee, v. Eldon L. HILKER, Appellant.

Supreme Court of Nebraska.

March 12, 1982.

Attorney(s) appearing for the Case

Mousel & Burger, P. C., McCook, for appellant.

Paul L. Douglas, Atty. Gen., and Dale D. Brodkey, Lincoln, for appellee.

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

WHITE, Justice.

The defendant, Eldon L. Hilker, was found guilty in the county court of Red Willow County, Nebraska, on a charge of driving an automobile while under the influence of alcoholic liquor and of having more than ten-hundredths of one percent by weight of alcohol in his body fluid as shown by chemical analysis of his breath, to wit, sixteen-hundredths of one percent. In his appeal to the District Court, the District Court found that the State had failed...

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