Kelley v. State

Defendant raises three issues in this review:

1. Is the supplementary instruction (Wis J I — Criminal, Part I, 520) which the trial court gave the jury so coercive as to deprive defendant of due process of law?

2. Did the trial court err in instructing the jury that mistake as to the age of the complainant is no defense to the crime charged ?

3. Is there sufficient evidence to sustain the verdict?

The supplementary instruction.

The jury retired to deliberate at 4:57 p. m. on February 25, 1970. At 10:10 p. m. they returned, at which time the trial court gave the standard supplemental jury…