State v. Schmear

The first contention of the defendant asserts there is insufficient credible evidence to sustain the verdict of guilty especially in respect to the resistance of the complaining witness. On appeal the test of the sufficiency of the evidence is whether there is sufficient credible evidence to meet the burden of proof to convince a jury beyond a reasonable doubt of the guilt of the defendant. State v. Stevens (1965), 1 26 Wis. (2d) 451, 132 N. W. (2d) 502; State v. Johnson (1960), 11 Wis. (2d) 130, 104 N. W. (2d) 379; State v. John (1960), 11 Wis. (2d) 1, 103 N. W. (2d) 304. The crime of rape…