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MILWAUKEE v. BERRY

No. 161.

44 Wis.2d 321 (1969)

171 N.W.2d 305

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

Supreme Court of Wisconsin.

Decided October 28, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Clarence R. Parrish of Milwaukee.

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.

Berry contends the finding of speeding is against the great weight and clear preponderance of the evidence because the police officer who testified against him did not have sufficient time and was not in a proper position to make an observation of Berry's speed and consequently, his testimony of speed had no probative value or at least not enough to meet the burden of proof. Only the police officer and Berry testified at the trial.

On July 26...

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