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STATE v. DRAIZE

No. 76-523-CR.

88 Wis.2d 445 (1979)

276 N.W.2d 784

STATE, Plaintiff-Respondent, v. DRAIZE, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided March 27, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Robert J. Beaudry of West Allis.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Maryann S. Calef, assistant attorney general.

WILLIAM G. CALLOW, J.

This is an appeal from a circuit court order affirming a county court judgment of conviction for driving under the influence of an intoxicant, contrary to sec. 346.63(1)(a), Stats. At issue is whether the trial court committed prejudicial error by (1) receiving in evidence a state trooper's testimony that the defendant told him he had taken a breathalyzer test before; and (2) allowing the prosecutor, in rebuttal argument, to ask the jurors to...

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