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FOND DU LAC v. HERNANDEZ

No. 240.

42 Wis.2d 473 (1969)

167 N.W.2d 408

CITY OF FOND DU LAC, Respondent, v. HERNANDEZ, Appellant.

Supreme Court of Wisconsin.

Decided May 6, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by A. D. Sutherland of Fond du Lac.

For the respondent there was a brief by Henry B. Buslee, city attorney, and oral argument by Louis J. Andrew, Jr., assistant city attorney.

BEILFUSS, J.

The sole issue in the case deals with the adequacy of the trial court's instructions with reference to driving while under the influence of an intoxicant. Specifically objected to are the following passages:

"In order to find the defendant guilty of operating while under the influence of an intoxicant, you must believe he was under the influence by clear, satisfactory, and convincing proof. As far as driving the car is concerned, the defendant...

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