STATE v. O'NEILL

No. 86-1078.

415 N.W.2d 470 (1987)

226 Neb. 866

STATE of Nebraska, Appellee, v. Duane P. O'NEILL, Appellant.

Supreme Court of Nebraska.

November 20, 1987.


Attorney(s) appearing for the Case

Earl D. Ahlschwede of Ahlschwede, DeBacker & Truell, for appellant.

Robert M. Spire, Atty. Gen., and LeRoy W. Sievers, for appellee.

BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and BRODKEY, J., Retired, and COLWELL, District Judge, Retired.


PER CURIAM.

The appellant, Duane P. O'Neill, was charged with the offense of operating a motor vehicle while under the influence of alcohol or when he had ten-hundredths of 1 percent of alcohol in his body fluid. Neb. Rev.Stat. § 39-669.07 (Reissue 1984). In the same count, the appellant was alleged to have twice previously been charged with and convicted of a violation of § 39-669.07.

On June 11, 1986, a Hall County Court jury found the appellant...

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