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STATE v. GOLGERT

No. 86-240.

395 N.W.2d 520 (1986)

223 Neb. 950

STATE of Nebraska, Appellant, v. Ronald R. GOLGERT, Appellee.

Supreme Court of Nebraska.

October 24, 1986.

Attorney(s) appearing for the Case

Gary C. Anderberg, Adams Co. Atty., for appellant.

James D. Smith of Brock, Seiler & Smith, Hastings, for appellee.

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

PER CURIAM.

The complaint filed in the county court for Adams County charged Ronald R. Golgert with violation of Neb.Rev.Stat. § 39-669.07 (Reissue 1984), which provides in part:

It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or when that person has ten-hundredths of one per cent or more by weight of alcohol in his or her body fluid...

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