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STATE v. CAIBAIOSAI

No. 83-2330-CR.

122 Wis.2d 587 (1985)

363 N.W.2d 574

STATE of Wisconsin, Plaintiff-Respondent, v. GARY CAIBAIOSAI, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 27, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs and oral argument by Steven P. Weiss, assistant state public defender.

For the plaintiff-respondent the cause was argued by Thomas J. Balistreri, assistant attorney general, with whom on the briefs was Bronson C. La Follette, attorney general.

STEINMETZ, J.

The issues in this case are: (1) whether sec. 940.09(1) (a), Stats.,1 proscribing the crime of homicide by an intoxicated operation of a motor vehicle is unconstitutional in that it does not require a causal connection between the intoxicated condition of the operator and the death of another person; (2) whether the affirmative defense provision set out in sec. 940.09 (2) invades his right against self-incrimination guaranteed...

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