Legal Opinion

Robinson v. State

Wisconsin Supreme Court

Decided May 24, 1910PublishedCited by 9 opinions

EeROR to review a judgment of the municipal court of "Dane county: ÁNTHONY DoktovaN, Judge. Writ of error to review conviction for carnal intercourse with a female under fourteen. The prosecutrix was between thirteen and fourteen, of quite limited mentality and intelligence, and in whom the absence of chastity appeared by physical examination and by her own testimony.

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EeROR to review a judgment of the municipal court of "Dane county: ÁNTHONY DoktovaN, Judge. Writ of error to review conviction for carnal intercourse with a female under fourteen. The prosecutrix was between thirteen and fourteen, of quite limited mentality and intelligence, and in whom the absence of chastity appeared by physical examination and by her own testimony. She asserted that the defendant, a man sixty-two years of age, keeping a petty shop for sale of candies, notions, and pictures, and an •employment agency, enticed her therein, and, by promise of a trifling sum of money, induced…

1Opinion of the Court

Dodge, J..

We have concluded, after doubt on some, that none of the assignments of error necessitate reversal, for reasons to be stated:

1. The competency of the accusing witness was fairly within the trial court’s discretion, guided by his experience with her upon the preliminary examination, as also by her •appearance. There is not enough in the record to convince ns that such discretion was abused.

2. Her testimony being admissible, the verdict was not without support from evidence. That testimony is direct and positive to commission of the act charged, and apparently with understanding of…

2Cases cited6 opinions

  1. Oborn v. StateWisconsin Supreme Court · 1910
  2. Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1876
  3. Duthey v. StateWisconsin Supreme Court · 1907
  4. Schissler v. StateWisconsin Supreme Court · 1904
  5. Grabowski v. StateWisconsin Supreme Court · 1905

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

3Cited by9 opinions

  1. Ramer v. StateWisconsin Supreme Court · 1968
  2. Thomas v. StateWisconsin Supreme Court · 1979
  3. State v. DoyleWisconsin Supreme Court · 1980
  4. Carle v. NelsonWisconsin Supreme Court · 1911
  5. Simpson v. StateWisconsin Supreme Court · 1974

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

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