State v. Penigar

This is a review of an unpublished decision of the court of appeals filed on February 25, 1986, affirming a judgment of conviction for third degree sexual assault and an order denying a new trial. The judgment and order were entered by the circuit court for Eau Claire county, Thomas H. Barland, Circuit Judge.

This case presents two issues. The first issue is whether the erroneously admitted and false testimony of the complainant that she never had sexual intercourse prior to the disputed assault had such a pervasive effect on the trial that the real controversy has not been fully tried and the…