Legal Opinion

Proper v. State

Wisconsin Supreme Court

Decided June 21, 1893PublishedCited by 56 opinions

ERROR to the Circuit Court for WaxücesTia, County. The plaintiff in error was tried in the circuit court for Waukesha county upon an information in two counts; the first charging him with rape committed on the person of Clara O’Brien, a female child, under the age of twelve years, under S. & B. Ann.

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ERROR to the Circuit Court for WaxücesTia, County. The plaintiff in error was tried in the circuit court for Waukesha county upon an information in two counts; the first charging him with rape committed on the person of Clara O’Brien, a female child, under the age of twelve years, under S. & B. Ann. Stats, sec. 4382; and the second, with having, on the 16th of January, 1892, and on divers other days and times between that day and the 21st of March in the same jmar, feloniously assaulted Clara O’Brien, she then and there being a female child under the age of twelve years, to wit, of the age of…

1Opinion of the CourtPinney, J.

1. During the trial many questions put to witnesses, particularly the prosecutrix, were objected to by the defendant’s counsel on the ground that they were leading, and several assignments of error rest on this ground only. Prominent among these were the questions mentioned in the statement to the effect: “ Did he do anything with you that you thought he ought not to? Did it hurt any? Was there anything left when he got away from .you? Was it wet between your legs’? What about that, if you remember? What else did he do — about taking it in your hand,— anything about that? ” Leading questions…

2Cases cited14 opinions

  1. People v. . SharpNew York Court of Appeals · 1887
  2. Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
  3. Farris v. PeopleIllinois Supreme Court · 1889
  4. Commonwealth v. ChoateMassachusetts Supreme Judicial Court · 1870
  5. Quin v. . LloydNew York Court of Appeals · 1869

9 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Commonwealth v. KingMassachusetts Supreme Judicial Court · 1982
  2. Bracey v. United StatesCourt of Appeals for the D.C. Circuit · 1944
  3. Frank v. StateSupreme Court of Georgia · 1914
  4. State v. FriedrichWisconsin Supreme Court · 1987
  5. Kallas v. StateIndiana Supreme Court · 1949

51 more not listed; retrieve them via the Exa API.

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