State v. Koller

Wisconsin Supreme Court

State v. Koller

210 N.W.2d 770, 60 Wis. 2d 755, 1973 Wisc. LEXIS 1391

CourtWisconsin Supreme Court

DecidedOctober 2, 1973

DocketNo. State 130

StatusPublished

This text of 210 N.W.2d 770 (State v. Koller) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Koller, 210 N.W.2d 770, 60 Wis. 2d 755, 1973 Wisc. LEXIS 1391 (Wis. 1973).

Pincite

Opinion

Per Curiam.

The appellant was convicted of operating a motor vehicle while under the influence of intoxicants. The court, after a review of the record, rejects the appellant’s claim that he as an alcoholic cannot be convicted of this offense. Furthermore, there is a lack of evidence in this record to support the assertion that driving an automobile is part of the pattern of the disease of alcoholism if the appellant is an impulsive drinker and is occasioned by a compulsion symptomatic of the disease. See: Powell v. Texas (1968), 392 U. S. 514, 88 Sup. Ct. 2145, 20 L. Ed. 2d 1254; Roberts v. State (1969), 41 Wis. 2d 537, 164 N. W. 2d 525. See also: Robinson v. [756]*756California (1962), 370 U. S. 660, 82 Sup. Ct. 1417, 8 L. Ed. 2d 758; State v. Bruesewitz (1973), 57 Wis. 2d 475, 480, 204 N. W. 2d 514.

The judgment is affirmed.

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Per Curiam.

The appellant was convicted of operating a motor vehicle while under the influence of intoxicants. The court, after a review of the record, rejects the appellant’s claim that he as an alcoholic cannot be convicted of this offense. Furthermore, there is a lack of evidence in this record to support the assertion that driving an automobile is part of the pattern of the disease of alcoholism if the appellant is an impulsive drinker and is occasioned by a compulsion symptomatic of the disease. See: Powell v. Texas (1968), 392 U. S. 514, 88 Sup. Ct. 2145, 20 L. Ed. 2d 1254; Roberts v. State (1969), 41 Wis. 2d 537, 164 N. W. 2d 525. See also: Robinson v. [756]*756California (1962), 370 U. S. 660, 82 Sup. Ct. 1417, 8 L. Ed. 2d 758; State v. Bruesewitz (1973), 57 Wis. 2d 475, 480, 204 N. W. 2d 514.

The judgment is affirmed.

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Bluebook (online)

210 N.W.2d 770, 60 Wis. 2d 755, 1973 Wisc. LEXIS 1391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-koller-wis-1973.

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