State v. Manley

Defendant, Donald L. Manley, was charged with second offensé operation of a motor vehicle while under the influence' of alcoholic liqüór,- and with refusal to submit to a chemical test. The jury found him guilty *416On both counts. The defendant predicates this appeal on the unconstitutionality of section 39-727.03, R. S'. Supp., 1971; the giving of instructions Nos. 4 and 6; and the failure to give defendant’s requested instruction No. 1. We affirm.

Defendant was arrested September 20, 1971, in Gage County, Nebraska. The state trooper who made the arrest had observed defendant’s vehicle weaving.…