State v. Brittain

Following a trial to a jury the defendant, Frank Brittain, was convicted of motor vehicle homicide and was sentenced to a term of imprisonment in the Nebraska Penal and Correctional Complex of not less than 1% years and not more than 5 years. On appeal to this court he assigns as error the admission into evidence of a blood alcohol test, and improper jury instructions. We affirm.

The motor vehicle accident out of which this charge arose occurred at 22nd and Dodge Streets in Omaha on the evening of January 18, 1981. The defendant was driving the motor vehicle in which the victim, Jerry Cline,…