STATE v. BRITTAIN

No. 44448.

325 N.W.2d 141 (1982)

212 Neb. 686

STATE of Nebraska, Appellee, v. Frank BRITTAIN, Appellant.

Supreme Court of Nebraska.

October 22, 1982.


Attorney(s) appearing for the Case

Thomas M. Kenney, Douglas County Public Defender, and Stanley A. Krieger, Omaha, 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, WHITE, HASTINGS, and CAPORALE, JJ.


HASTINGS, Justice.

Following a trial to a jury the defendant, Frank Brittain, was convicted of motor vehicle homicide and was sentenced to a term of imprisonment in the Nebraska Penal and Correctional Complex of not less than 12/3 years and not more than 5 years. On appeal to this court he assigns as error the admission into evidence of a blood alcohol test, and improper jury instructions. We affirm.

The motor vehicle accident out of which this charge arose...

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