STATE v. DAKE

No. S-93-1101.

529 N.W.2d 46 (1995)

247 Neb. 579

STATE of Nebraska, Appellee, v. Martin J. DAKE, Appellant.

Supreme Court of Nebraska.

March 10, 1995.


Attorney(s) appearing for the Case

James M. Dake, of Grant, Rogers, Maul & Grant, Columbus, and Kenneth J. Vampola, Fremont, for appellant.

Don Stenberg, Atty. Gen., and Marilyn B. Hutchinson, Lincoln, for appellee.

WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ., and BOSLAUGH, J., Retired.


CAPORALE, Justice.

I. STATEMENT OF CASE

Defendant-appellant, Martin J. Dake, was charged with violating then Neb.Rev.Stat. § 39-669.07 (Cum.Supp.1992) by driving while under the influence of alcoholic liquor or while having an excessive concentration of alcohol in his blood, breath, or urine. He was thereafter convicted by the county court of "driving while under the influence of alcohol." That adjudication was affirmed by the district court and the...

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