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STATE v. WARNKE

No. 85-192.

380 N.W.2d 241 (1986)

221 Neb. 625

STATE of Nebraska, Appellee, v. Delbert E. WARNKE, Appellant.

Supreme Court of Nebraska.

January 17, 1986.

Attorney(s) appearing for the Case

James P. Miller and Owen A. Giles, Omaha, for appellant.

Robert M. Spire, Atty. Gen., and Jill Gradwohl, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

GRANT, Justice.

Defendant-appellant, Delbert E. Warnke, was charged by complaint in Sarpy County Court with driving while intoxicated, third offense, in violation of Neb.Rev.Stat. § 39-669.07 (Reissue 1984). The complaint charged that on May 26, 1984, Warnke was in actual physical control of a vehicle either while under the influence of alcoholic liquor or while he had ten-hundredths of 1 percent or more by weight of alcohol in his body fluids. Warnke pled not...

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