Brauer v. State

This was an indictment under sec. 40, cb. 164, R. S., as follows: “If any person shall.unlawfully know and abuse any female child under the age of ten years, he shall be punished by imprisonment in the state prison for life.” It was tried in the circuit court for Dane county, where verdict and judgment were rendered against the prisoner. A motion for a new trial was made in the circuit court, and overruled; and the case comes up for our decision upon a single question: and that is, whether there was sufficient proof of penetration to constitute the offense. The little girl was but eight years…