Datka v. State

Miss Datka was prosecuted under sec. 351.05, Stats., for fornication on March 25, 1951, with Ervin Diefen-bach, who was then a married man. His age at that time was thirty-two and hers was nineteen. Up to the time the state rested, its witnesses were Lorraine, wife of Mr. Diefen-bach on the date of the offense but divorced from him at the time of trial, and the complainant, a police officer named Rasmussen. The information and warrant were not issued until seventeen months after the offense. Trial was to the court. Mrs. Diefenbach testified that her husband had not been home for several…