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MILWAUKEE v. KELLY

No. 141.

40 Wis.2d 136 (1968)

161 N.W.2d 271

CITY OF MILWAUKEE, Respondent, v. KELLY, Appellant.

Supreme Court of Wisconsin.

Decided October 1, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Eisenberg, Kletzke & Eisenberg, attorneys, and Jerome F. Pogodzinski of counsel, all of Milwaukee, and oral argument by Mr. Pogodzinski.

For the respondent there was a brief by John J. Fleming, city attorney, and Theophilus C. Crockett, assistant city attorney, and oral argument by Mr. Crockett.

HALLOWS, C. J.

The defendant claims the evidence is insufficient to sustain the judgment. The evidence discloses that on March 10, 1967, the defendant was involved in an automobile accident on Capitol Drive in the city of Milwaukee. Two lay persons testified it was their opinion the defendant was drunk. A police officer, who arrived at the scene about ten minutes after the accident, testified in effect that defendant was drunk, that he had a strong odor of liquor...

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