Wisconsin Supreme Court, 1945

City of Madison v. Fitzgerald

City of Madison v. Fitzgerald
Wisconsin Supreme Court · Decided May 15, 1945 · Rosenberry
19 N.W.2d 168; 247 Wis. 195; 1945 Wisc. LEXIS 233 (North Western Reporter, Second Series)

City of Madison v. Fitzgerald

Opinion of the Court

Rosenberry, C. J.

The .defendant was arrested on June 10, 1944, charged with having driven his automobile while under the influence of intoxicating liquor. The only question raised upon this appeal is the sufficiency of the evidence to sustain the finding of the circuit court. No useful purpose would be served by setting out the evidence in this opinion, it being ample to sustain the finding of the trial court.

Some question is sought to be raised in regard to the so-called balloon test, which was submitted to by the defendant without objection on his part. Inasmuch as there is other evidence sufficient to sustain the finding and the record is very scanty, neither the accuracy nor sufficiency of the balloon test should be discussed in this case.

By the Court. — Judgment affirmed.

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