Bennett v. State

The main thrust of the defendant’s argument is that the evidence is not sufficient to sustain the finding of guilty. This contention is based, in part, upon claimed errors in the admission of evidence of speed, intoxication, and admission of volunteered opinion testimony as to intoxication by a police officer.

Sec. 940.09, Stats., provides in part:

“Homicide by intoxicated user of vehicle or firearm. Whoever by the negligent operation ... of a vehicle, . . . and while under the influence of an intoxicant causes the death of another may be fined not more than $2,500 or imprisoned not more than 5…