State v. Eisch

The defendant was originally charged with four counts of second degree sexual assault, contrary to sec. 940.225(2) (a), Stats. After a preliminary examination and a bindover to Circuit Court for Calumet County, the defendant moved to dismiss the information on the ground that it was multiplicitous, i.e., that it charged the same offense — sexual intercourse without consent and by use of force — in four different counts. The court ordered the dismissal of three counts and directed the prosecutor to file an amended information charging one count of forcible unconsented intercourse, contrary to…