State v. Kemp

This is a review of a decision of the court of appeals which affirmed a judgment of the circuit court for Grant county, Hon. John R. Wagner, Judge, convicting defendant-appellant-petitioner, Barbara A. Kemp (hereinafter defendant) of operating a motor vehicle after her operating privileges were suspended.

Two issues are considered on this review. First: Did the trial court err in not instructing the jury pursuant to sec. 903.03(3), Stats. 1979-80, 1 that the state was claiming the benefit of a presumption and that the jury was not required to regard the basic fact (mailing of notice of…