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STATE v. FIENE

No. 84-330.

363 N.W.2d 385 (1985)

219 Neb. 397

STATE of Nebraska, Appellee, v. Kevin R. FIENE, Appellant.

Supreme Court of Nebraska.

March 1, 1985.

Attorney(s) appearing for the Case

Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellant.

Paul L. Douglas, Atty. Gen., and Henry M. Grether III, Lincoln, for appellee.

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

GRANT, Justice.

Defendant, Kevin R. Fiene, was arrested and tried in the county court for Dawson County for driving an automobile while under the influence of alcoholic liquor or while having ten-hundredths of one percent or more of alcohol in his body fluids. A determination that Fiene violated either, or both, of such charges would constitute a violation of Neb.Rev.Stat. § 39-669.07 (Reissue 1984). See State v. Wenzel, 215 Neb. 395

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