State v. Simpson

The majority’s holding is succinctly stated: “We conclude . . . that the victim’s testimony may not be partly disregarded for purposes of lesser-included offense analysis.” This conclusion denies the jury’s role as fact-finder to sift and weigh evidence, and runs counter to longstanding case law estab*384lishing the jury’s right to disbelieve portions of a witness’ testimony while accepting others.

The Wisconsin Supreme Court recently stated in Penister v. State, 74 Wis. 2d 94, 103, 246 N.W.2d 115, 120 (1976) :

On the basis of the facts revealed at trial, the jury could have chosen to reject [the…