State v. Clark

The defendant, Homer Lewis Clark, was convicted following a jury trial of second-degree sexual assault contrary to sec. 940.225 (2) (e), Stats. The defendant brought postverdict motions seeking a judgment of acquittal and, alternatively, a new trial. The trial court denied the motion for a judgment of acquittal but ordered a new trial on the ground that it erred in admitting the complainant’s testimony that she never had sexual intercourse prior to the incident in question. The state seeks review of the order granting a new trial; the defendant appeals from the order denying judgment of…