State v. Rodell

The record discloses that the following stipulation was entered into by and between the district attorney of'Sauk county and the attorney for the defendant:

“. . . the court may enter an order staying the execution of the judgment made herein for the reason that the appeal is based on a question of law rather than on one of the sufficiency of evidence as presented by the record.”

The appeal is based upon an erroneous instruction given by the trial court to the jury. At the trial Officer Foley testified: “The blood alcohol -reading was seventeen-hundredths percent.” The court in its instruction…