State v. Munson

Defendant below, Tony D. Munson, was charged and convicted by the court of driving with more than ten-hundredths of one percent of alcohol by weight in his body fluid, third offense. He was eventually sentenced to imprisonment in the Nebraska Penal and Correctional Complex for a term of 1 year, with 20 days credit for time already served, and was ordered to pay the costs of the action. On January 11, 1979, defendant filed a motion for a new trial, supported by affidavits, pursuant to section 29-2101(5), R. R. S. 1943, which motion was overruled by the Lancaster County District Court. He has…