Devoy v. State
Wisconsin Supreme Court
EbRoe to review a judgment of tbe circuit court for She-boygan comity: Michael KibwaN, Circuit Judge. The plaintiffs in error were informed against and convicted of the crime of rape. The offense is alleged to have been committed on the person of one Clara Kubn on the 4th day of July, 1903, at the village of Elkhart Lake, in Sheboy-gan county.
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EbRoe to review a judgment of tbe circuit court for She-boygan comity: Michael KibwaN, Circuit Judge. The plaintiffs in error were informed against and convicted of the crime of rape. The offense is alleged to have been committed on the person of one Clara Kubn on the 4th day of July, 1903, at the village of Elkhart Lake, in Sheboy-gan county. The facts and circumstances of the offense, as testified to by the complaining witness, Clara Kubn, are as follows: At the time in question, she was within two months of eighteen years of age, and resided with her parents on a farm near the village of…
1Opinion of the CourtSiebecker, J.
The essential ingredients constituting the crime of rape are so definitely established by the adjudications of this state that a reference to former decisions will be sufficient to show the nature and character of the offense. The terms of the statute defining the offense, in their legal equivalent, mean that if any person has sexual intercourse with a female over the designated age by force, without her consent and against her will, he shall be guilty of this offense. In Connors v. State, 47 Wis. 523, 2 N. W. 1143, it is stated:
“Voluntary submission by the woman while she has power to…
2Cases cited3 opinions
- Don Moran v. PeopleMichigan Supreme Court · 1872
- Conners v. StateWisconsin Supreme Court · 1879
- Bohlmann v. StateWisconsin Supreme Court · 1898
3Cited by22 opinions
- Chisley v. StateCourt of Appeals of Maryland · 1953
- Brown v. StateWisconsin Supreme Court · 1906
- State v. NeilIdaho Supreme Court · 1907
- Commonwealth v. HellerSuperior Court of Pennsylvania · 1941
- People v. NorringtonCalifornia Court of Appeal · 1921
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