B— v. State
Wisconsin Supreme Court
EekoR to review a judgment of tbe circuit court for Dunn county: A. H. Reid, Judge. Tbe plaintiff in error (hereinafter called tbe defendant) was convicted of rape and brings error to reverse such conviction. Tbe information contained two counts, one .for rape, and tbe other for adultery. Tbe crime is charged to have been committed on Sunday, September 3, 1916, at tbe office of tbe defendant, a practicing physician in tbe city of Menomonie.
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EekoR to review a judgment of tbe circuit court for Dunn county: A. H. Reid, Judge. Tbe plaintiff in error (hereinafter called tbe defendant) was convicted of rape and brings error to reverse such conviction. Tbe information contained two counts, one .for rape, and tbe other for adultery. Tbe crime is charged to have been committed on Sunday, September 3, 1916, at tbe office of tbe defendant, a practicing physician in tbe city of Menomonie. Tbe defendant is a married man, thirty-six-years of age, with two children, who has practiced bis profession at Menomonie for more than thirteen years.…
1Opinion of the Court
Wirrsnow, O. J.
It appears very clearly from the opinion, filed by the trial judge that much doubt existed in his mind as to whether the verdict was sustained by the evidence. He-thought that there was a wide divergence between the doctrine of the Brown Case (127 Wis. 193, 106 N. W. 536) and the doctrine of the McLain Case (159 Wis. 204, 149 N. W. 771), and that the verdict was wrong if the first named case-was to be followed, but could be sustained if the other case-was the standard. In this dilemma he concluded to overrule the motion on the strength of the McLain Case and recommended and…
2Cases cited4 opinions
- Brown v. StateWisconsin Supreme Court · 1906
- Ohms v. StateWisconsin Supreme Court · 1880
- McLain v. StateWisconsin Supreme Court · 1914
- Lonergan v. StateWisconsin Supreme Court · 1901
3Cited by9 opinions
- State v. WatersWisconsin Supreme Court · 1965
- State v. HoffmanWisconsin Supreme Court · 1938
- State v. MuhammadWisconsin Supreme Court · 1968
- Taylor v. StateWisconsin Supreme Court · 1923
- Kuhl v. StateWisconsin Supreme Court · 1918
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