Bohlmann v. State
Wisconsin Supreme Court
ERROR to review a judgment of the circuit court for Jefferson county: JohN R. BeNNett, Circuit Judge. The plaintiff in error, Otto Bohlmarm, was convicted of the crime of rape. The circumstances of the offense, according to the evidence of the prosecuting witness, were substantially as follows: Alvina Berg, a servant girl in the family of one Pugh, and a girl friend by the name of Dora Haubeck, about 12 o’clock at night, started to go home from a country dance.
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ERROR to review a judgment of the circuit court for Jefferson county: JohN R. BeNNett, Circuit Judge. The plaintiff in error, Otto Bohlmarm, was convicted of the crime of rape. The circumstances of the offense, according to the evidence of the prosecuting witness, were substantially as follows: Alvina Berg, a servant girl in the family of one Pugh, and a girl friend by the name of Dora Haubeck, about 12 o’clock at night, started to go home from a country dance. Bohlmann, a man about twenty-seven years of age, who had become acquainted with the girls during the evening, without invitation or…
1Opinion of the CourtMaeshall, J.
It is an essential element of the crime of rape that the. outrage be accomplished by force and agaihst the will of the female. If she consents at all, however reluctantly or tardily, without reference to the resistance that precedes it, that operates in the eye of the law to reduce the offense to fornication or adultery, according to circumstances. The ingredient of the crime that gives to it its most heinous character, is that violation of the will by which the unlawful act is accomplished, not only in spite of the female’s *620power of resistance, exerted to her utmost ability under the…
2Cases cited1 opinion
- Whittaker v. StateWisconsin Supreme Court · 1880
3Cited by13 opinions
- Brown v. StateWisconsin Supreme Court · 1906
- State v. WatersWisconsin Supreme Court · 1965
- State v. ClarkeWisconsin Supreme Court · 1967
- Devoy v. StateWisconsin Supreme Court · 1904
- State v. HoffmanWisconsin Supreme Court · 1938
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