Whittaker v. State
Wisconsin Supreme Court
EEEOE to the Municipal Court of Milwaukee County. ’Whittaker, having been convicted of rape, brought the judgment here for review on writ of error. The error alleged in the instructions will sufficiently appear from the opinion.
1Opinion of the CourtOiETON, J.
The circuit court gave the jury the following instructions, which were excepted to: “First. The element of force forms a material ingredient of the offense of rape, by which the resistance of the woman violated is overcome, or her consent induced by threats of personal violence, duress or fraud; for, unless the consent of the woman to the unlawful intercourse is freely and voluntarily given, the offense of rape is complete. Second. If the circumstances show that the consent was obtained by the use of force, and the woman’s will was overcome by fear of personal injury, then the crime is rape.…
2Cases cited9 opinions
- People v. BensonCalifornia Supreme Court · 1856
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- Crosswell v. PeopleMichigan Supreme Court · 1865
- Don Moran v. PeopleMichigan Supreme Court · 1872
- State v. BurgdorfSupreme Court of Missouri · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Brown v. StateWisconsin Supreme Court · 1906
- Mathews v. StateNebraska Supreme Court · 1886
- Hammond v. StateNebraska Supreme Court · 1894
- State v. HerfelWisconsin Supreme Court · 1971
- State v. HoffmanWisconsin Supreme Court · 1938
10 more not listed; retrieve them via the Exa API.