Thomas v. State

This is a review of judgment convicting the plaintiff in error of sexual intercourse with a child, contrary to sec. 944.10(1), Stats., and an order denying a new trial.

The plaintiff in error, Frank Vincent Thomas, Jr. (hereinafter the defendant) was charged with sexual intercourse with a minor female, contrary to sec. 944.10 (1), Stats. 1973, and having sexual intercourse with a female he knew to be mentally deficient, contrary to sec. 944.02(2), Stats. 1973. A trial to the court was held on March 16 and 17,1977.

The complaining witness (hereinafter called Sandra) at the time of trial, was…