State v. Waalen

CALLOW, WILLIAM G., J.

David A. Waalen, the defendant, seeks review of a published decision of the court of appeals, State v. Waalen, 125 Wis. 2d 272, 371 N.W.2d 401 (Ct. App. 1985), affirming a judgment of conviction and an order denying a motion for a new trial of the circuit court for Polk county, Judge James C. Eaton, presiding. A jury convicted Waalen of operating a motor vehicle while under the influence of an intoxicant, contrary to sec. 346.63(1)(a), Stats., 1981-82. The only issue revolves around whether the circuit court properly instructed the jury regarding the definition of "under…