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BENNETT v. STATE

No. State 57.

54 Wis.2d 727 (1972)

196 N.W.2d 704

BENNETT, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided May 2, 1972.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Anthony K. Karpowitz, Legal Aid Society of Milwaukee.

For the defendant in error the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

BEILFUSS, J.

The main thrust of the defendant's argument is that the evidence is not sufficient to sustain the finding of guilty. This contention is based, in part, upon claimed errors in the admission of evidence of speed, intoxication, and admission of volunteered opinion testimony as to intoxication by a police officer.

Sec. 940.09, Stats., provides in part:

"Homicide by intoxicated user of vehicle or firearm. Whoever by the negligent...

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