STATE v. SCHMACK


264 Wis. 333 (1953)

STATE, Respondent, vs. SCHMACK, Appellant.

Supreme Court of Wisconsin.

June 2, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Allan Cain of Kaukauna.

For the respondent there was a brief by the Attorney General, and William A. Platz, assistant attorney general, and Bernard Bertrand, district attorney of Brown county, and oral argument by Mr. Platz and Mr. Bertrand.


MARTIN, J.

Defendant contends that the evidence is insufficient to warrant conviction of operating an automobile while under the influence of intoxicating liquor. In our opinion the evidence was sufficient to present a jury issue.

As stated above, the officers testified that they detected the odor of alcohol on defendant's breath. One of the officers stated that defendant told him at the hospital that he had had a bottle of warm beer before he left home on...

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