Day v. State

This is a review of a judgment of conviction for having sexual intercourse with a child and a subsequent order of the court denying the plaintiff in error’s motion for judgment notwithstanding the verdict or, in the alternative, for a new trial.

Delton David Day (hereinafter the defendant) was charged with two counts of sexual intercourse with a child, in violation of sec. 944.10(2), Stats., and with habitual criminality, contrary to sec. 939.62(1) (c). The habitual criminality count was dismissed on October 24, 1975 and on December 30, 1976 defendant’s motions to suppress certain evidence and…