STATE v. LOOMER

No. 89-0973.

153 Wis.2d 645 (1989)

451 N.W.2d 470

STATE of Wisconsin, Plaintiff-Respondent, v. Robert A. LOOMER, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 13, 1989.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Terry P. Race of Olm & Race of Whitewater.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Donald J. Hanaway, attorney general and Thomas J. Balistreri, assistant attorney general.

Before Brown, P.J., Scott and Nettesheim, JJ.


BROWN, P.J.

Robert A. Loomer appeals from judgments convicting him of causing injury by intoxicated use of a motor vehicle, sec. 940.25, Stats. Loomer argues, first, that the trial court unconstitutionally instructed the jury that he bore the burden of proving by a preponderance of the evidence his affirmative defense of intervening cause; second, that the prosecutor's closing argument to the jury misstated the instructions as to burden and, in any event, that prosecutors...

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