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STATE v. SMITH

No. A-95-189.

537 N.W.2d 539 (1995)

4 Neb.App. 66

STATE of Nebraska, Appellee, v. Dennis C. SMITH, Appellant.

Court of Appeals of Nebraska.

September 19, 1995.

Attorney(s) appearing for the Case

David L. Kimble, Seward, for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

SIEVERS, C.J., and IRWIN and MUES, JJ.

SIEVERS, Chief Judge.

Dennis C. Smith was charged with violating Neb.Rev.Stat. § 39-669.07 (Cum.Supp. 1992) (now codified at Neb.Rev.Stat. § 60-6,196 (Reissue 1993)), by driving while under the influence of alcoholic liquor or while having an excessive concentration of alcohol in his blood, breath, or urine. Smith was also charged with resisting arrest, in violation of Neb.Rev.Stat. § 28-904 (Reissue 1989). After a bench trial to the county court for...

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