State v. Loomer

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 should not discuss burdens in their closing arguments; and, third, that the court erred in denying his request for an instruction on…