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STATE v. KINNEY

No. 83-608.

350 N.W.2d 552 (1984)

217 Neb. 701

STATE of Nebraska, Appellee, v. Jerry KINNEY, Appellant.

Supreme Court of Nebraska.

June 22, 1984.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Coleen J. Sindelar, Lincoln, for appellant.

Norman Langemach, Jr., Lincoln City Prosecutor, Lincoln, for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

GRANT, Justice.

Defendant was charged in the municipal court of Lincoln, Nebraska, with a violation of a city ordinance in that he did "[o]perate or be in actual physical control of a motor vehicle while under the influence of alcoholic liquor or drugs or when he/she had ten-hundredths of one percent or more by weight of alcohol in his/her body fluid as shown by chemical analysis of his/her blood, breath, or urine." Defendant was found guilty only of being in control...

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