KOKJER, District Judge.
The amended information filed in this case charged that on July 8, 1967, in Cherry County, Nebraska, the defendant Oliver R. Dubany unlawfully operated or was in actual physical control of a motor vehicle while he was under the influence of alcoholic liquor.
At the trial, officer C. L. Zurcher testified that at approximately 4:15 p.m., on July 8, 1967, on U.S. Highway No. 20 about 10 1/10 miles west of Wood Lake, in Cherry County, Nebraska...
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