State v. Kolar

The appellant, David Kolar, appeals from a judgment of the District Court for Merrick County, Ne braska, which affirmed an earlier conviction by the county court of Merrick County, Nebraska, finding Kolar guilty of violating Neb. Rev. Stat. § 39-669.07 (Reissue 1978). For reasons more particularly set out in the opinion, we must reverse the action of the District Court and order the complaint dismissed.

The first issue raised herein is whether the appeal was timely filed. Each party agrees that the notice of appeal was filed within 1 month after the order of the District Court overruling…