State v. Albright

Howard Albright appeals from a judgment entering a jury verdict of guilty of operating a motor vehicle while under the influence of an intoxicant, contrary to sec. 346.635(1), Stats., and an order denying his motions for directed verdict and a new trial. Al-bright alleges seven trial court errors including the reception of prosecution evidence of Albright’s refusal to take a breathalyzer test. While finding this admission of evidence and three other alleged errors to be proper, we reverse on the basis of the prejudicial effect of remarks by the prosecutor in opening and closing arguments and…