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STATE v. SMYTH

No. 83-733.

347 N.W.2d 859 (1984)

217 Neb. 153

STATE of Nebraska, Appellee, v. Daniel R. SMYTH, Appellant.

Supreme Court of Nebraska.

April 27, 1984.

Attorney(s) appearing for the Case

George E. Clough and R. Bradley Dawson, North Platte, for appellant.

Paul L. Douglas, Atty. Gen., and Linda L. Willard, Lincoln, for appellee.

KRIVOSHA, C.J., WHITE, and CAPORALE, JJ., and McCOWN and BRODKEY, JJ., Retired.

KRIVOSHA, Chief Justice.

The appellant, Daniel R. Smyth, was convicted of operating a motor vehicle while under the influence of alcoholic liquor, third offense, in violation of Neb.Rev.Stat. § 39-669.07 (Cum.Supp.1982). The county court for Lincoln County, Nebraska, sentenced Smyth to confinement in the Lincoln County jail for a period of 3 months, imposed a fine of $500 and costs, and ordered Smyth never again to operate or drive a motor vehicle in the State...

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